CHICAGO & NORTH WESTERN RY. v. FIRST NAT. BANK

No. 10629.

200 F.2d 383 (1952)

CHICAGO & NORTH WESTERN RY. v. FIRST NAT. BANK OF WAUKEGAN.

United States Court of Appeals Seventh Circuit.

December 18, 1952.


Attorney(s) appearing for the Case

Lowell Hastings, Drennan J. Slater and Edgar Vanneman, Jr., Chicago, Ill., John H. Gobel, Chicago, Ill., for plaintiff-appellant.

Emmett J. McCarthy and George R. Lyon, Chicago, Ill., for appellee.

Before KERNER, FINNEGAN and SWAIM, Circuit Judges.


FINNEGAN, Circuit Judge.

Plaintiff filed its complaint in the District Court praying that the court enjoin defendants from moving sand, heavy machinery and equipment across the right of way on its main line near Waukegan, Illinois.

Defendants moved to dismiss the action on the ground that the complaint as amended failed to state a claim upon which relief could be granted.

On hearing arguments of counsel and on briefs submitted, the District Court entered...

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