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NORFOLK & W. RY. CO. v. BOARD OF EDUCATION

No. 7101.

114 F.2d 859 (1940)

NORFOLK & W. RY. CO. v. BOARD OF EDUCATION OF CITY OF CHICAGO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 19, 1940.

Attorney(s) appearing for the Case

Richard S. Folsom, of Chicago, Ill. (Ralph W. Condee, and James W. Coffey, both of Chicago, Ill., of counsel), for defendant-appellant.

Walter M. Fowler, Wm. A. Morrow, and Gardner, Foote, Morrow & Merrick, all of Chicago, Ill., for appellee.

Before SPARKS, and TREANOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Defendant appeals from a final decree of the District Court fixing its liability to plaintiff on accounting at $1,090,591.37, following the decision of this court in Board of Education of the City of Chicago v. Norfolk & Western Railway Company, 88 F.2d 462, and a modified decree entered in pursuance of our mandate. In the former litigation it was determined that defendant, by paying anticipation tax warrants...

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