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UNITED STATES v. ILLINOIS CENT. R. CO.

No. 10187.

187 F.2d 374 (1951)

UNITED STATES v. ILLINOIS CENT. R. CO. et al.

United States Court of Appeals, Seventh Circuit.

January 18, 1951.

Attorney(s) appearing for the Case

Roger P. Marquis, Fred W. Smith, A. Devitt Vanech, Department of Justice, Washington, D. C., William W. Hart, U. S. Atty., Ernest R. McHale, Asst. U. S. Atty. East St. Louis, Ill. for appellant.

Timothy G. Lowry, Owen Rall, and Charles A. Helsell, all of Chicago, Ill., C. E. Feirich, Carbondale, Ill., Bruce Campbell, East St. Louis, Ill. (V. W. Foster, Chicago, Ill., Feirich & Feirich, Carbondale, Ill., Kramer, Campbell, Costello & Wiechert, East St. Louis, Ill., Eckert, Peterson & Leeming, Chicago, Ill., of counsel), for appellee.

Before MAJOR, Chief Judge, and KERNER and FINNEGAN, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for defendants in an action to enjoin the Illinois Central Railroad Company from alienating or disposing of gas, oil, or other minerals, underlying any part of its railroad right of way and to enjoin the railroad and defendant, Menhall, the railroad's lessee, from extracting gas and oil under the right of way except under a lease issued by the Secretary of the Interior under the Act of May 21, 1930, 46 Stat. 373, 30 U...

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