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KANSAS CITY, ST. L. & C. R. CO. v. ALTON R. CO.

No. 7761.

124 F.2d 780 (1941)

KANSAS CITY, ST. L. & C. R. CO. v. ALTON R. CO.

Circuit Court of Appeals, Seventh Circuit.

December 18, 1941.

Attorney(s) appearing for the Case

Clyde E. Shorey, Robert W. Schupp, and John E. Gavin, all of Chicago, Ill., and Watson Washburn, of New York City, for appellant.

Silas H. Strawn and Frank H. Towner, both of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

The complaint in substance alleged that in 1878 the Chicago and Alton Railroad Company entered into an agreement with the appellant, Kansas City, St. Louis and Chicago Railroad Company (hereinafter referred to as appellant or Kansas City Company), whereby the latter leased to the former in perpetuity certain railroad properties extending from Mexico, Missouri, to Kansas City. The Chicago and Alton operated the line of railway under the lease...

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