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CITY OF CHICAGO v. UNITED STATES

Nos. 70 C 585, 70 C 689.

314 F.Supp. 886 (1970)

CITY OF CHICAGO, Maurice F. Radrizzi, Thomas J. Duggan and Gordon E. Cox, Plaintiffs, Nebraska State Railway Commission and Colorado Public Utilities Commission, Intervening Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission, the Western Pacific Railroad Company, the Denver and Rio Grande Western Railroad Company and Southern Pacific Company, Defendants. CITY OF CHICAGO, Nebraska State Railway Commission, Colorado Public Utilities Commission, Maurice F. Radrizzi, Thomas J. Duggan and Gordon E. Cox, Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and Burlington Northern, Inc., Defendants.

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

Rehearing Denied June 29, 1970.

Attorney(s) appearing for the Case

Richard L. Curry, Raymond Simon, Corp. Counsel, Chicago, Ill., Keith E. Roberts, Wheaton, Ill., Gordon P. MacDougall, Washington, D. C., C. C. Sheldon, Asst. Atty. Gen., State of Nebraska, Lincoln, Neb., John E. Archibold, Asst. Atty. Gen., State of Colorado, Denver, Colo., for plaintiffs.

Thomas A. Foran, U. S. Atty., for the United States.

Howard J. Trienens, Chicago, Ill., for Southern Pacific.

Belnap, McCarthy, Spencer & Hardy, Chicago, Ill., Nahun Litt, Washington, D. C., for Western Pacific.

Arthur J. Cerra, I.C.C., Washington, D. C., for I.C.C.

R. T. Cubbage, R. M. Gleason, Chicago, Ill., for Burlington Northern.

Before KERNER, Circuit Judge, and PARSONS and WILL, District Judges.

PER CURIAM.

The plaintiffs seek to enjoin under 28 U.S.C. § 2325 various orders of the Interstate Commerce Commission permitting the discontinuance of certain passenger trains of the Western Pacific Railroad and a reduction of passenger service by the Denver and Rio Grande Western, Southern Pacific and the Burlington Northern Railroads.

On May 12, 1969, the Denver and Rio Grande Western sent notices to the I.C.C. and the Governors of Colorado and Utah...

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