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SPRAGUE v. WOLL

No. 7608.

122 F.2d 128 (1941)

SPRAGUE v. WOLL, U. S. Atty. (INTERSTATE COMMERCE COMMISSION et al., Interveners).

Circuit Court of Appeals, Seventh Circuit.

July 22, 1941.

Attorney(s) appearing for the Case

Robert E. Quirk, of Washington, D. C., and Frederick E. Stout and Ralph R. Bradley, both of Chicago, Ill., for appellants.

Wm. B. Rubin, of Milwaukee, Wis., Leo J. Hassenauer, of Chicago, Ill., Robert L. Stern, Sp. Asst. Atty. Gen., and Daniel W. Knowlton and Nelson Thomas, both of Washington, D. C., for appellee.

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

SPARKS, Circuit Judge.

Appellant, the Receiver of the Chicago, North Shore and Milwaukee Railroad, petitioned for an injunction to prevent the United States Attorney from prosecuting any actions against the Railroad for alleged violations of the Railway Labor Act, 45 U.S.C.A. § 151 et seq. The petition was denied, and from that order this appeal is prosecuted.

The appeal presents two questions: (1) The correctness of the determination of the Interstate...

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