ATCHISON, TOPEKA AND SANTA FE RY. CO. v. CITY OF CHICAGO

No. 55 C 1883.

136 F.Supp. 476 (1955)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Plaintiffs, v. CITY OF CHICAGO, a Municipal Corporation, et al., Defendants, and Parmalee Transportation Company, Defendant-Intervenor.

United States District Court N. D. Illinois, E. D.

As Amended by Supplemental Opinion January 12, 1956.


Attorney(s) appearing for the Case

Benjamin F. Goldstein and Albert J. Meserow, Chicago, Ill., for Railroad Transfer Service, Inc.

Amos M. Mathew, Chicago, Ill., and Benjamin F. Goldstein, for railroads.

John C. Melaniphy, Acting Corp. Counsel, Chicago, Ill., for City of Chicago.

Lee A. Freeman, Chicago, Ill., for Parmalee Transp. Co.


LA BUY, District Judge.

The above cause is before the court on two motions: (1) a motion for summary judgment filed on behalf of the City of Chicago, and (2) a motion for temporary injunction filed by the plaintiffs.

These motions are based on the plaintiffs' complaint for declaratory judgment, together with the documents and exhibits attached thereto; on affidavits and exhibits submitted by the plaintiffs and the defendant-intervenor; and hearings had before...

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