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CHICAGO GREAT WESTERN RY. CO. v. ILLINOIS CENTRAL R. CO.

Civ. No. 67-C-2022-C.

275 F.Supp. 909 (1967)

CHICAGO GREAT WESTERN RAILWAY COMPANY, a Corporation, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, a Corporation, Defendant. Fort Dodge, Des Moines & Southern Railway Company, Plaintiff-Intervenor.

United States District Court N. D. Iowa, Central Division.

November 8, 1967.

Attorney(s) appearing for the Case

Hubert C. Jones, Des Moines, Iowa, E. J. Kenny, Chicago, Ill., for plaintiff.

John H. Doeringer, Chicago, Ill., Don N. Kersten and David A. Opheim, Fort Dodge, Iowa, for defendant.

Frank W. Davis, Des Moines, Iowa, for plaintiff-intervenor.

MEMORANDUM AND ORDER

HANSON, District Judge.

This action was instituted under the Interstate Commerce Act by the Chicago Great Western Railway Company to enjoin the Illinois Central Railroad Company from constructing certain railroad trackage to the plant of the Celotex Corporation near Fort Dodge, Iowa. On October 12, 1967, this Court issued a Temporary Restraining Order enjoining the defendant from further construction. On the same day, the Fort Dodge...

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