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CHICAGO & W. I. R. CO. v. ATCHISON, T. & S. F. RY. CO.

Nos. 17376, 17377.

419 F.2d 936 (1969)

CHICAGO AND WESTERN INDIANA RAILROAD COMPANY, Plaintiff-Appellee, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellant. CHICAGO AND WESTERN INDIANA RAILROAD COMPANY, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 29, 1969.

Attorney(s) appearing for the Case

John H. Park, Chicago, Ill., for Chicago & Western Indiana RR Co.

Floyd J. Stuppi, John P. Frestel, Jr., John J. Schmidt, Leon S. Conlon, Chicago, Ill., for Atchison, Topeka & Santa Fe RW Co.

Before MAJOR, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.

MAJOR, Senior Circuit Judge.

These appeals, No. 17376 by The Atchison, Topeka and Santa Fe Railway Company (hereinafter called Santa Fe or the lessee), and No. 17377 by Chicago and Western Indiana Railroad Company (hereinafter called Western Indiana or the lessor), are concerned with the same general subject matter and have been consolidated here for review. The cases were heard and decided by District Judge James B. Parsons on the pleadings, with certain affidavits...

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