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BALTIMORE & O. R. CO. v. CHICAGO JUNCTION RY. CO.

No. 9064.

156 F.2d 357 (1946)

BALTIMORE & O. R. CO. et al. (INTERSTATE COMMERCE COMMISSION, Intervener) v. CHICAGO JUNCTION RY. CO.

Circuit Court of Appeals, Seventh Circuit.

July 8, 1946.

Attorney(s) appearing for the Case

Ralph M. Shaw, Guy A. Gladson, and Bryce L. Hamilton, all of Chicago, Ill. (Winston, Strawn & Shaw, of Chicago, Ill., of counsel), for appellant.

Ernest S. Ballard, W. I. Deffenbaugh, and William F. Price, all of Chicago, Ill. (Pope & Ballard, of Chicago, Ill., of counsel), for Baltimore & O. R. Co.

H. L. Underwood, of Washington, D. C., for Interstate Commerce Commission.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

By this action plaintiff companies sought damages against the defendants, and a preliminary and permanent injunction. The action sought damages and to enjoin defendants' alleged disobedience of a condition contained in an order of the Interstate Commerce Commission of May 16, 1922, see Chicago Junction Case, 71 I.C.C. 631, and to enforce an alleged agreement said to have arisen by operation of law out of that order. A preliminary injunction...

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