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SPENCE v. BALTIMORE & OHIO RAILROAD COMPANY

No. 15489.

360 F.2d 887 (1966)

J. W. SPENCE, doing business as Geff Seed and Grain Co., Plaintiff-Appellee, v. The BALTIMORE & OHIO RAILROAD COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 15, 1966.

Attorney(s) appearing for the Case

Hugh J. Graham, III, Graham & Graham, Springfield, Ill., for appellant.

Leonard S. Goodman, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Robert W. Ginnane, General Counsel, Interstate Commerce Commission, Washington, D. C., amicus curiae.

Gerald T. Quindry, Fairfield, Ill., Leslie N. Jones, Flora, Ill., Marshall, Feiger, Robison & Quindry, Fairfield, Ill., Leslie N. Jones, Flora, Ill., for appellee.

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

KNOCH, Circuit Judge.

This appeal has been taken from temporary restraining order and temporary injunction order of the United States District Court directing the defendant, The Baltimore & Ohio Railroad Company, to provide the plaintiff, J. W. Spence, doing business as Geff Seed and Grain Co., with sufficient, but not less than eight, boxcars daily for hauling soybeans from plaintiff's elevator at Geff, Illinois.

In his complaint, the plaintiff alleged...

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