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CHICAGO & EASTERN ILLINOIS R. CO. v. SOUTHERN RY. CO.

No. 12354.

261 F.2d 394 (1958)

CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, an Indiana corporation, Plaintiff-Appellant, v. SOUTHERN RAILWAY COMPANY, a Virginia corporation, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 12, 1959.

Attorney(s) appearing for the Case

Frank F. Vesper, Chicago, Ill., Frederick P. Bamberger, Evansville, Ind. (Patrick C. Mullen, Chicago, Ill., on the brief), for appellant.

William T. Fitzgerald, Evansville, Ind., James A. Bistline, Washington, D. C., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Chicago & Eastern Illinois Railroad Company, herein also called plaintiff, has appealed from that portion of a judgment entered by the district court which dismissed its amended complaint (for the period subsequent to August 1, 1944), and allowed a recovery (for the period from August 1, 1944 through May 31, 1957), by defendants from plaintiff of $132,151 on defendants' amended counterclaim. This case was tried by the court without...

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