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ILLINOIS BELL TELEPHONE CO. v. SLATTERY

No. 6671.

98 F.2d 930 (1938)

ILLINOIS BELL TELEPHONE CO. v. SLATTERY et al.

Circuit Court of Appeals, Seventh Circuit.

August 9, 1938.

Attorney(s) appearing for the Case

Otto Kerner, Atty. Gen. of Illinois (Harry R. Booth, Thomas A. Keegan, John P. Barnes, Jr., and Frederick Zazove, Asst. Attys. Gen., of counsel), for appellants.

William P. Sidley, Kenneth F. Burgess, Leslie N. Jones, and W. Clyde Jones, all of Chicago, Ill. (Sidley, McPherson, Austin & Burgess, of Chicago, Ill., of counsel), for appellee.

Before MAJOR and TREANOR, Circuit Judges, and HOLLY, District Judge.

MAJOR, Circuit Judge.

The sole question herein presented is jurisdictional raised by plaintiff's motion to dismiss the appeal.

A consideration of the question requires a brief resumé of the proceedings had before the entry of the decree of February 5, 1938, from which the appeal is taken. In 1923, a specially constituted Court of three judges was assembled in conformity with Section 266 of the Judicial Code, Title 28 U.S.C.A. § 380 to hear and determine...

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