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CHICAGO AND NORTH WESTERN RAILWAY CO. v. UNITED STATES

Civ. A. No. 68C 2094.

311 F.Supp. 860 (1970)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Chicago, Rock Island and Pacific Railroad Company, and Illinois Central Railroad Company, Plaintiffs, and Ringle Express, Inc. and Home Transportation Company, Inc., Plaintiffs-Intervenors, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Walter Poole Truck Line, Inc. and Walter Poole, doing business as Poole Truck Line, Intervening Defendants.

United States District Court, N. D. Illinois, E. D.

March 31, 1970.

Attorney(s) appearing for the Case

J. D. Feeney and J. A. Billington, Chicago, Ill., for plaintiff railroads.

Robert E. Born, Marietta, Ga., Robert C. Smith, Indianapolis, Ind., and Eugene D. Anderson, Chicago, Ill., for the intervening plaintiffs.

John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

Manny H. Smith, Interstate Commerce Commission, Washington, D. C., for the I.C.C.

William J. Boyd, Boyd & Blanshan, Chicago, Ill., for the intervening defendants.

Before SWYGERT, Chief Circuit Judge, and PARSONS and MAROVITZ, District Judges.

MEMORANDUM OPINION

SWYGERT, Chief Judge.

Plaintiffs, Chicago and North Western Railway Company, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Chicago, Rock Island and Pacific Railroad Company and Illinois Central Railroad Company bring this action to set aside an order of the Interstate Commerce Commission. The Commission's order granted authority to Walter Poole, doing business as Poole Truck Line of Evergreen, Alabama, to operate as a common...

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