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THE ALTON R.R. CO. v. ILL. COMMERCE COM'N

No. 31440.

407 Ill. 202 (1950)

95 N.E.2d 76

THE ALTON RAILROAD COMPANY et al., Appellees, v. THE ILLINOIS COMMERCE COMMISSION et al. — (THE NEW YORK CENTRAL RAILROAD COMPANY, Appellant.)

Supreme Court of Illinois.

Rehearing denied November 17, 1950.

Attorney(s) appearing for the Case

RICHARD O. OLSON, LEO P. DAY, and H.M. TOCCO, JR., all of Chicago, for appellant.

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM R. MING, JR., and MILTON MALLIN, of counsel,) for appellee Illinois Commerce Commission; LIVINGSTON, MURPHY & BARGER, of Bloomington, WINSTON, STRAWN, SHAW & BLACK, VERNON W. FOSTER, and JOSEPH H. WRIGHT, all of Chicago, (HERBERT M. LIVINGSTON, of Bloomington, and FRANK H. TOWNER, BRYCE L. HAMILTON, and JOSEPH F. GRINNELL, all of Chicago, of counsel,) for other appellees.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

The New York Central Railroad Company appeals to this court from a judgment of the circuit court of McLean County affirming an order of the Illinois Commerce Commission entered on December 11, 1947, directing appellant to restore certain industries to its switching district in the city of Bloomington and fixing switching rates therein.

This cause has been before the commission...

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