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NEW YORK CENTRAL R. CO. v. CHICAGO & EASTERN ILL. R. CO.

No. 11259.

222 F.2d 828 (1955)

The NEW YORK CENTRAL RAILROAD COMPANY, a corporation, Plaintiff-Appellant, v. CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 1, 1955.

Attorney(s) appearing for the Case

Carl M. Gray, Petersburg, Ind., Marvin A. Jersild, Chicago, Ill., for appellant.

David O. Mathews, Chicago, Ill., Homer B. Aikman, Terre Haute, Ind., Frank F. Vesper, Washington, D. C., for appellee.

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

DUFFY, Chief Judge.

Plaintiff, hereinafter referred to as "Central", sought in this action to enjoin defendant, hereinafter called "C&EI", from undertaking and proceeding further with the construction of a railroad track, at a specified location wholly within Vanderburgh County, Indiana. Plaintiff asserted a claim under Par. I, § 1 of the Interstate Commerce Act, sub-sections 18 to 22 inclusive, 49 U.S.C.A. Part I, § 1(18-22) incl., contending that C...

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