CHICAGO R. I. & P. R. CO. v. CHICAGO, B. & Q. R. CO.

Nos. 66 C 1726, 1730.

301 F.Supp. 72 (1969)

CHICAGO ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Plaintiff and Counterdefendant, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Defendant and Counterplaintiff. HARRIS TRUST AND SAVINGS BANK, a corporation, Plaintiff, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Defendant.

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

July 15, 1969.


Attorney(s) appearing for the Case

Charles M. Rush, of Kirkland, Ellis, Hodson, Chaffetz & Masters, O. L. Houts, Gen. Atty., Chicago Rock Island and Pacific Railroad Co., Chicago, Ill., for plaintiffs Chicago, Rock Island and Pacific Railroad Co. and Harris Trust and Savings Bank.

Douglas C. Moir, of Winston, Strawn, Smith & Patterson, Eldon Martin, Gen. Counsel, and Theodore G. Schuster, Gen. Atty., Chicago, Burlington & Quincy Railroad Co., Chicago, Ill., for defendant Chicago, Burlington & Quincy Railroad Co.


MEMORANDUM AND ORDER

ROBSON, District Judge.

The plaintiffs have sued the defendant for damages arising out of a train disaster. The defendant counterclaimed for a declaratory judgment that an agreement between the parties placed the loss on the plaintiff railroad. After briefs were submitted on certain legal issues, a hearing was held. Post-hearing briefs were filed, and the court took the case under advisement. For the reasons set forth below, this court...

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