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REGIONAL TRANSP. AUTH. v. BURLINGTON NORTHERN

No. 81-1605.

100 Ill. App.3d 779 (1981)

426 N.E.2d 1143

REGIONAL TRANSPORTATION AUTHORITY, Plaintiff-Appellee, v. BURLINGTON NORTHERN INC., Defendant-Appellant. — (ILLINOIS COMMERCE COMMISSION, Intervening Appellant.)

Appellate Court of Illinois — First District (1st Division).

Opinion filed September 22, 1981.

Attorney(s) appearing for the Case

Richard J. Schreiber, Kenneth J. Wysoglad, and Thomas J. Knapp, all of Chicago, for appellant Burlington Northern Inc.

Tyrone C. Fahner, Attorney General, of Chicago (James E. Weging and E. King Poor, Assistant Attorneys General, of counsel), for appellant Illinois Commerce Commission.

Jeremiah Marsh, Michael Schneiderman, Michael M. Conway, and John L. Rogers, III, all of Hopkins & Sutter, of Chicago (Carl J. Frank, of counsel), for appellee.

Order affirmed and cause remanded.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

On motion of Regional Transportation Authority (RTA) the trial court entered a preliminary injunction preventing Burlington Northern Inc. (Burlington) and Illinois Gulf Central Railroad Company from instituting fare increases approved by the Illinois Commerce Commission (ICC). Burlington has prosecuted this interlocutory appeal. The ICC has become a party by intervention...

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