CITY OF CHICAGO, the Metropolitan Government of Nashville and Davidson County, Tennessee, Village of Milford, City of Watseka, City of Hoopeston, City of Danville, City of Terre Haute, City of Vincennes and Maurice F. Radrizzi, Plaintiffs,
v.
UNITED STATES of America, Interstate Commerce Commission and Chicago and Eastern Illinois Railroad Company, Defendants.
United States District Court N. D. Illinois, E. D.https://leagle.com/images/logo.png
January 8, 1969.
January 8, 1969.
Attorney(s) appearing for the Case
Raymond F. Simon, Corp. Counsel, Bernard Rane and Matthias Mattern, Asst. Corporation Counsels, City of Chicago, Chicago, Ill., Gordon P. MacDougall, Washington, D. C., Neill S. Brown and Robert E. Kendrick, Nashville, Tenn., Anthony Haswell, Chicago, Ill., Robert P. Doolittle, Jr., Vincennes, Ind., Harold N. Hill, Jr., Atlanta, Ga., Eugene W. Ward, Nashville, Tenn., William F. Black, Montgomery, Ala., Robert S. Matthews, Evansville, Ind., Wendell W. Wright and Marion E. Wright, Danville, Ill., William E. Nelson, Hoopeston, Ill., Keith E. Roberts, Chicago, Ill., George B. Tofaute, Terre Haute, Ind., David O. Benson, Atlanta, Ga., for certain plaintiffs.
Edwin M. Zimmerman, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Thomas A. Foran, U. S. Atty., and M. P. Siavelis, Asst. U. S. Atty., Chicago, Ill., for the United States.
Robert W. Ginnane, Gen. Counsel, and Barry Roberts, Atty., Washington, D. C., for the I.C.C.
Albert E. Jenner, Thomas P. Sullivan, Keith F. Bode and David C. Roston of Raymond, Mayer, Jenner & Block, Chicago, Ill., Patrick C. Mullen and James H. Durkin, Chicago Heights, Ill., for Chicago and Eastern Illinois Railroad Co.
Before KNOCH, Senior Circuit Judge, and ROBSON and PERRY, District Judges.
United States District Court N. D. Illinois, E. D.
MEMORANDUM AND ORDER
ROBSON, District Judge:
This is a suit to review certain findings and conclusions of the Interstate Commerce Commission. The defendant railroad has moved to dismiss. This court is of the opinion that the motion should be granted.
On August 31, 1967, the Chicago & Eastern Illinois Railroad Company ("Eastern") gave notice under 49 U.S.C. § 13a(1) that, effective October 1, 1967, its trains numbered 93 and 54 between Chicago...
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