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

Gen. No. 67-42.

94 Ill. App.2d 297 (1968)

236 N.E.2d 773

Chicago and North Western Railway Company, a Corporation, Plaintiff-Appellant, v. Toledo, Peoria & Western Railroad Company, a Corporation, J. Russell Coulter, et al., Defendants-Appellees, and Robert J. Strand and Local Lodge No. 926 of the Brotherhood of Locomotive Firemen and Enginemen, and John W. Towles and Local Lodge No. 1084 of the Brotherhood of Railroad Trainmen, Intervenors-Appellees. Robert J. Strand and Local Lodge No. 926 of the Brotherhood of Locomotive Firemen and Enginemen and John W. Towles and Local Lodge No. 1084 of the Brotherhood of Railroad Trainmen, Counter-Claimants, v. Chicago and North Western Railway Company, a Corporation, and Toledo, Peoria & Western Railroad Company, a Corporation, Counter-Defendants.

Appellate Court of Illinois — Third District.

April 29, 1968.

Attorney(s) appearing for the Case

Swain, Johnson & Gard, of Peoria, and Richard M. Freeman, Robert W. Russell, and James P. Daley, of Chicago, for appellant.

Heiss, Day & Bennett and C.D. Hawley, of Cleveland, Ohio, Louis F. Knoblock, Cassidy, Cassidy, Quinn & Lindholm, of Peoria, and Elson, Lassers & Wolff, of Chicago, for appellees.

SCHEINEMAN, J.

In the vicinity of Peoria, Illinois, the Chicago and North Western Railway and the Toledo, Peoria & Western Railroad have main line tracks which traverse upon or along a large area of land suitable for industrial use. Much of this space was owned by TP&W. The main lines are parallel for some distance and at Sommer are in close proximity. TP&W runs generally east and west from Indiana to Iowa...

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