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LESCH v. CHICAGO & EASTERN ILLINOIS RAILROAD CO.

No. 11340.

226 F.2d 687 (1955)

Irving M. LESCH & Ira Haupt, Udo M. Reinach, Anthony Reinach, Samuel E. Worms, Bertrand M. Goldsmith, Martin Scherk & Townsend E. Allen, doing business in the name of Ira Haupt & Company, Plaintiffs-Appellants, v. CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 21, 1955.

Attorney(s) appearing for the Case

Irving M. Lesch, Brooklyn, N. Y., Benjamin G. Cox, Gambill, Dudley, Cox, Phillips & Gambill, Terre Haute, Ind., for appellants.

William P. Evans, Indianapolis, Ind., John T. Hays, Sullivan, Ind., David O. Mathews, Chicago, Ill., Frank F. Vesper, Washington, D. C., William M. Evans, Hays & Hays, Indianapolis, Ind., for appellee.

Before MAJOR and FINNEGAN, Circuit Judges, and PLATT, District Judge.

MAJOR, Circuit Judge.

This action, predicated upon Section 4a of Chapter 101, Indiana Acts of 1933, as added by Chapter 65 of the Acts of 1939, Burns' Ind.Stat.Ann.1951 Replacement, § 55-223a, hereinafter called the appraisal statute, was filed July 11, 1952, in the Circuit Court of Sullivan County, Indiana, and removed on motion of defendant to the United States District Court for the Southern District of Indiana. The complaint alleged that the plaintiff Lesch...

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