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UNION PACIFIC R. CO. v. CHICAGO AND NORTH WESTERN RY. CO.

No. 63 C 2051.

226 F.Supp. 400 (1964)

UNION PACIFIC RAILROAD COMPANY et al., Plaintiffs, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY et al., Defendants.

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

February 18, 1964.

Attorney(s) appearing for the Case

Stuart S. Ball, Walter J. Cummings, Jr., Henry A. Preston, Chicago, Ill., William C. Blind, William J. McDonald, Jr., New York City, Sidney, Austin, Burgess & Smith, Chicago, Ill., Clark, Carr & Ellis, New York City, of counsel, for plaintiffs.

Miles G. Seeley, J. Stanley Stroud, Arnold H. Lozowick, Frank D. Mayer, Jr., Chicago, Ill., Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., of counsel, for defendant, Chicago & N. W. R. Co.

Samuel H. Young, William F. Coale, Jr., Lawrence A. Coles, Jr., Chicago, Ill., Hough, Young & Coale, Chicago, Ill., of counsel, for defendants, "Stockholders' Committee".

A. Leslie Hodson, Don H. Reuben, Louis J. Keating, Chicago, Ill., Lawrence Gunnels, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., of counsel, for defendant, Chicago, R. I. & P. R. Co.

JULIUS J. HOFFMAN, District Judge.

This action is the judicial culmination of a struggle between two of the nation's major railroads, the Union Pacific and the North Western, competing in their efforts to take over a third, the Rock Island. The contest in this phase concerns the efforts of these competitors to win the support of the Rock Island stockholders. Each has claimed a foul by the other in the solicitation of proxies for these stockholders' votes in a meeting...

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