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CHICAGO & N. W. TRANSP. CO. v. ATCHISON, T. & S. F. RY. CO.

No. 73 C 1812.

367 F.Supp. 801 (1973)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Plaintiff and Counter-Defendant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant and Counter-Plaintiff.

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

November 7, 1973.

Attorney(s) appearing for the Case

Louis T. Duerinck, Christopher A. Mills, Chicago, Ill., for plaintiff and counter-defendant.

Harvey Huston, Harry L. DeLung, Jr., John C. Palmer, Jr., Chicago, Ill., for defendant and counter-plaintiff.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the plaintiff's motion to dismiss the defendant's counterclaim.

This action is brought under the Interstate Commerce Act, 49 U.S.C., Part 1, Sections 1-26 inclusive, and the jurisdiction of this Court is allegedly based on 28 U.S.C. §§ 1331 and 1337. The matter in controversy exceeds the sum of ten thousand dollars exclusive of interest and costs.

Plaintiff...

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