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CHICAGO & N. W. RY. CO. v. PEORIA & P. U. RY. CO.

Civ. A. No. P-2033.

201 F.Supp. 241 (1962)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff and Counterdefendant, v. PEORIA AND PEKIN UNION RAILWAY COMPANY, Defendant and Counterclaimant, and Illinois Central Railroad Company, a corporation; Peoria and Eastern Railway Company, a corporation; the New York, Chicago and St. Louis Railroad Company, a corporation; Chicago & Illinois Midland Railway Company, a corporation; and the Pennsylvania Railroad Company, a corporation, Defendants, United States Trust Company of New York, as Trustee of Peoria and Pekin Union Railway Company First Mortgage dated January 1, 1950, Intervener Defendant and Counterclaimant.

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

January 8, 1962.

Attorney(s) appearing for the Case

John E. Cassidy, Peoria, Ill., Carl McGowan, Edgar Vanneman, Jr., John C. Danielson, Chicago, Ill., for plaintiff.

Eugene R. Johnson, Donald G. Beste, Miller, Westervelt & Johnson, Peoria, Ill., for defendant Peoria & Pekin Union R. Co.

Eugene R. Johnson, Donald G. Beste, Peoria, Ill., Herbert J. Deany, General Atty., Chicago, Ill., for defendant Illinois Cent. R. Co.

John M. Elliott, Peoria, Ill., Marvin A. Jersild, General Atty., New York Cent. R. R. System, Chicago, Ill., for defendant Peoria & Eastern R. Co.

Robert Broderick, Pope & Driemeyer, East St. Louis, Ill., Thomas O. Broker, Kemper A. Dobbins, Cleveland, Ohio, for defendant New York, Chicago & St. Louis R. Co.

John M. Elliott, Peoria, Ill., for defendant Chicago & Ill. Midland R. Co.

Edward R. Gustafson, Chicago, Ill., for defendant Pennsylvania R. Co.

Wilson & McIlvaine, Chicago, Ill., William J. Voelker, Jr., Heyl, Royster & Voelker, Peoria, Ill., for intervener defendant and counterclaimant, United States Trust Co. of New York, as trustee, etc.

MERCER, Chief Judge.

This suit, instituted by plaintiff, Chicago and North Western Railway Company, against Peoria and Pekin Union Railway Company and other railroads, prays relief by declaratory judgment. Plaintiff has now moved for summary judgment in its favor upon its complaint, as amended. The nature of the case and the scope of plaintiff's position that it is entitled to summary judgment necessitates a rather thorough summary of the pleadings.

The complaint...

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