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CHICAGO & NORTH WESTERN TRANSP. v. SOO LINE R. CO.

No. 89 C 7605.

739 F.Supp. 447 (1990)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Plaintiff, v. SOO LINE RAILROAD COMPANY, Defendant.

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

July 5, 1990.

Attorney(s) appearing for the Case

James P. Daley, Ronald J. Cuchna, Stuart F. Gassner, Myles L. Tobin, Robert T. Opal, Chicago and North Western Transp. Co., Chicago, Ill., for plaintiff.

James S. Whitehead, Linzey D. Jones, Sidley & Austin, Chicago, Ill., Terence M. Hynes, Joseph R. Guerra, Martin L. Stern, Nancy A. Temple, Sidley & Austin, Washington, D.C., Patrick J. McPartland, Soo Line R. Co., Minneapolis, Minn., for defendant.

ORDER

BUA, District Judge.

Plaintiff Chicago and North Western Transportation Company ("CNW") filed this diversity action seeking to prevent defendant Soo Line Railroad Company ("Soo") from breaching five separate agreements between CNW and Soo. Those five agreements govern the use of certain railroad lines located in the Midwest. CNW's complaint, which seeks both declaratory and injunctive relief, alleges that Soo has committed an anticipatory breach of...

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