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CHICAGO & EASTERN ILLINOIS R. CO. v. UNITED STATES

No. 74 C 301.

384 F.Supp. 298 (1974)

CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Board of Trade of the City of Chicago et al., Intervening Defendants.

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

November 7, 1974.

Attorney(s) appearing for the Case

John H. Doeringer and John H. Durkin, Chicago, Ill., Donald M. Tolmie, Roanoke, Va., and Laurence F. Daspit and Louis A. Schwartz, New Orleans, La., of counsel, for plaintiffs.

James R. Thompson, U. S. Atty., Chicago, Ill., Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Atty., U. S. Dept. of Justice, Washington, D. C., for the United States.

Fritz R. Kahn, Gen. Counsel, and Richard H. Streeter, Atty., Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission.

Harold E. Spencer, Belnap McCarthy Spencer Sweeney & Harkaway, Chicago, Ill., of counsel, for intervening defendants.

Before SPRECHER, Circuit Judge, PERRY, Senior District Judge, and MARSHALL, District Judge.

OPINION AND ORDER

PER CURIAM.

This proceeding commenced on October 23, 1963, when the Board of Trade of the City of Chicago filed a complaint with the Interstate Commerce Commission, alleging that certain rates on soybeans maintained by four railroads1 were unjust and unreasonable in violation of section 1(5) of the Interstate Commerce Act,2 and were unduly prejudicial

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