CHICAGO AND NORTH WESTERN RY. CO. v. PEORIA & PEKIN U. RY. CO.

Nos. 13927-13931.

319 F.2d 117 (1963)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff-Counter-Defendant-Appellee, v. PEORIA AND PEKIN UNION RAILWAY COMPANY and Illinois Central Railroad Company, Defendants-Counterclaimant-Appellants. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff-Counter-Defendant-Appellee, v. UNITED STATES TRUST COMPANY OF NEW YORK, as Trustee, Intervenor-Defendant and Counterclaimant-Appellant, CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff-Counter-Defendant-Appellee, v. CHICAGO AND ILLINOIS MIDLAND RAILWAY COMPANY, Defendant-Appellant. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff-Counter-Defendant-Appellee, v. PEORIA AND EASTERN RAILWAY COMPANY, Defendant-Appellant. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff-Counter-Defendant-Appellee, v. The NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearings Denied August 5, 1963.


Attorney(s) appearing for the Case

Donald G. Beste, Peoria, Ill., Herbert J. Deany, W. S. Bodman, Chicago, Ill., William J. Voelker, Jr., John M. Elliott, Peoria, Ill., for appellant.

John C. Danielson, Chicago, Ill., for appellee.

Before DUFFY, CASTLE and SWYGERT, Circuit Judges.


DUFFY, Circuit Judge.

Plaintiff, Chicago and North Western Railway Company (North Western) filed this suit for a declaratory judgment against Peoria and Pekin Union Railway Company (P&PU), Illinois Central Railroad Company (Illinois Central), the Peoria and Eastern Railway Company, the New York, Chicago and St. Louis Railroad Company (Nickel Plate), and the Pennsylvania Railroad Company. The United States Trust Company of New York (Trustee) as the trustee under...

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