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GRAND TRUNK WESTERN R. CO. v. CHICAGO & W. IND. R. CO.

No. 7897.

131 F.2d 215 (1942)

GRAND TRUNK WESTERN R. CO. v. CHICAGO & WESTERN INDIANA R. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

On Rehearing September 15, 1942.

Attorney(s) appearing for the Case

Silas H. Strawn, John C. Slade, and Bryce L. Hamilton, all of Chicago, Ill., and Victor Spike, of Detroit, Mich. (Winston, Strawn & Shaw, of Chicago, Ill., of counsel), for appellant.

Meyer Morton, Elmer W. Freytag, B. G. Stackhouse, Ernest S. Ballard, Francis H. Uriell, and J. R. Barse, all of Chicago, Ill., for appellee.

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

EVANS, Circuit Judge.

Plaintiff, one of five co-tenants of the railroad properties of the Chicago and Western Indiana Railroad Co., one of the defendants herein, and hereinafter called the defendant railroad, through a mistake, made an overpayment of rental to said defendant railroad. This mistake occurred because it and other lessees misconstrued a provision of the lease, which was executed in 1888, for a term of two years, and which continued in force, though subsequently...

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