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BURLINGTON NORTHERN, INC. v. AMERICAN RY. SUPER. ASS'N

No. 71 C 2002.

359 F.Supp. 1047 (1973)

BURLINGTON NORTHERN, INC., a corporation, Plaintiff and Counter-defendant, v. The AMERICAN RAILWAY SUPERVISORS ASSOCIATION et al., Defendant and Counter-plaintiff.

United States District Court, N. D. Illinois.

June 22, 1973.

Attorney(s) appearing for the Case

T. G. Schuster, Chicago, Ill., Shea & Gardner, Washington, D. C., for plaintiff, counter-defendant.

Alex Elson, Willard J. Lassers, and Aaron S. Wolff, Elson, Lassers & Wolff, Chicago, Ill., Edward J. Hickey, Jr., Washington, D. C., for defendant, counter-plaintiff.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the plaintiff and counter-defendant's motion to dismiss the counter-claim and the defendant, counter-plaintiff's motion for summary judgment on the issue of the counter-defendant's liability.

The plaintiff and counter-defendant, Burlington Northern, Inc., ("Burlington Northern") is a Delaware corporation, engaged in the business of transporting freight and passengers by rail...

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