SOUTH SUBURBAN SAFEWAY LINES, INC. v. CITY OF CHICAGO

No. 67 C 1772.

285 F.Supp. 676 (1968)

SOUTH SUBURBAN SAFEWAY LINES, INC., Plaintiff, v. The CITY OF CHICAGO; Chicago Transit Authority; Department of Housing and Urban Development, Robert C. Weaver as Secretary of Housing and Urban Development, Leo J. Cusick as Director of the Department of Housing and Urban Development, Urban Mass Transportation Administration, and William Hurd, Deputy Director of the Department of Housing and Urban Development, Urban Transportation Administration, Defendants.

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

June 10, 1968.


Attorney(s) appearing for the Case

Dale, Haffner, Grow & Overgaard, Chicago, Ill., and Olsen, Cantrill & Miller, Springfield, Ill., for plaintiff.

Raymond F. Simon, Corp. Counsel, City of Chicago, and Robert E. Wiss, Sp. Asst. Corp. Counsel, Chicago, Ill., for defendant, City of Chicago.

George J. Schaller, O. R. Hamlink and Norman J. Barry, Chicago, Ill., for defendant, Chicago Transit Authority.

Thomas A. Foran, U. S. Atty., Chicago, Ill., for all other defendants.


MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO DISMISS

ROBSON, District Judge.

The defendants have moved to dismiss this suit for a declaratory judgment and for an injunction. For the reasons set forth below, this court is of the opinion that these motions should be granted.

The plaintiff, South Suburban Safeway Lines, Inc., is an Illinois corporation which operates under a certificate of public convenience and necessity from the Illinois Commerce...

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