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UNITED STATES v. CHICAGO, B. & Q. R. CO.

Nos. 10617, 10619.

199 F.2d 223 (1952)

UNITED STATES v. CHICAGO, B. & Q. R. CO. UNITED STATES v. GULF, M. & O. R. CO.

United States Court of Appeals Seventh Circuit.

October 16, 1952.

Attorney(s) appearing for the Case

No. 10617:

Otto Kerner, Jr., U. S. Atty., Chicago, Ill., James M. McInerney, Asst. Atty. Gen., Leo Meltzer, Attorney, Department of Justice, Washington, D. C. (Walter F. J. Krawiec, Asst. U. S. Atty., Chicago, Ill., James O. Tolbert, Attorney, Interstate Commerce Commission, Washington, D. C., of counsel), for appellant.

Andrew C. Scott, C. W. Krohl, R. F. Casey, T. G. Schuster, J. L. Rice, Chicago, Ill., for appellee.

No. 10619:

Howard L. Doyle, U. S. Atty., Marks Alexander, Asst. U. S. Atty., Springfield, Ill., James M. McInerney, Asst. Atty. Gen., Leo Meltzer, Attorney, Department of Justice, Washington, D. C. (James O. Tolbert, Attorney, Interstate Commerce Commission, Washington, D. C., of counsel), for appellant.

Louis F. Gillespie, Frederick H. Stone, Springfield, Ill., Charles F. Turner, Mobile, Ala., for appellee.

Before MAJOR, Chief Judge, and DUFFY and SWAIM, Circuit Judges.

MAJOR, Chief Judge.

These two appeals, although separately taken, present for decision the same question, oral argument was heard on the same day and we think they may be appropriately disposed of in a single opinion. In No. 10617, the appeal is from the Northern District of Illinois, Eastern Division, from a judgment against the plaintiff in a case heard and decided by District Judge John P. Barnes. In No. 10619, the appeal is from the Southern District of Illinois...

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