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CHICAGO & N. W. RY. CO. v. TOLEDO, P. & W. R. CO.

Civ. A. No. P-2518.

217 F.Supp. 64 (1963)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Plaintiff, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, J. Russell Coulter, R. M. Esslinger, D. L. Hughes and H. E. Kipling, Defendants. Brotherhood of Locomotive Firemen and Enginemen, Local Lodge 926, and Robert J. Strand, General Chairman, Local Lodge 926, and Garland F. Brown, John W. Towles and Local Lodge 1084 of the Brotherhood of Locomotive Trainmen, Intervenors.

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

February 28, 1963.

Attorney(s) appearing for the Case

Robert W. Russell, James P. Daley, Chicago, Ill., Timothy W. Swain, Mishael O. Gard, Peoria, Ill., for plaintiff.

Cassidy & Cassidy, Peoria, Ill., for defendants.

Knoblock & Ott, Peoria, Ill., Elson & Lassers, Alex Elson, Willard J. Lassers, Aaron S. Wolff, Chicago, Ill., Heiss, Day & Bennett, Cleveland, Ohio, for intervenors.

MERCER, Chief Judge.

This suit arose upon a complaint by the Chicago and North Western Railway Company, hereinafter plaintiff, against the Toledo, Peoria & Western Railroad Company, hereinafter T. P. & W., and certain officers of T. P. & W., for an injunction restraining T. P. & W., its officers, agents and employees from interfering with, delaying or preventing plaintiff from operating its trains, with its own crews, over a section of railroad track...

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