U.S. v. JOLIET & CHICAGO R. CO.

No. 151.

315 U.S. 44 (1942)

UNITED STATES v. JOLIET & CHICAGO RAILROAD CO.

Supreme Court of United States.

Decided January 19, 1942.


Attorney(s) appearing for the Case

Mr. Arnold Raum argued the cause, and Solicitor General Fahy and Mr. J. Louis Monarch were on a brief, for the United States.

Mr. Arthur D. Welton, Jr., with whom Messrs. Silas H. Strawn, Frank H. Towner, and Edward G. Ince were on the brief, for respondent.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

By an indenture denominated a "lease," respondent in 1864 granted, demised and leased to Chicago & Alton Railroad Co. all of its railroad property, real and personal. The "lease" was in perpetuity upon specified terms and conditions. The Chicago & Alton Railroad Co. covenanted and agreed, inter alia, to guarantee and pay quarterly to the holders of the...

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