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

Nos. 17939, 17940.

437 F.2d 6 (1971)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, Defendant-Appellee. HARRIS TRUST AND SAVINGS BANK, Plaintiff-Appellant, v. CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied February 22, 1971.


Attorney(s) appearing for the Case

John M. O'Connor, O. L. Houts, E. Houston Harsha, Richard B. Rogers, Leo K. Wykell, Kirkland, Ellis, Hodson, Chaffetz & Masters, Theodore E. Desch, Chicago, Ill., for plaintiffs-appellants.

Douglas C. Moir, Edward J. Wendrow, Bryce L. Hamilton, Richard T. Cubbage, Gen. Counsel, T. G. Schuster, Associate Gen. Counsel, Chicago, Ill., for defendant-appellee; Winston, Strawn, Smith & Patterson, Chicago, Ill., of counsel.

Before FAIRCHILD, CUMMINGS and PELL, Circuit Judges.


CUMMINGS, Circuit Judge.

This case involves the liability for damages arising from a major railroad accident occurring on the tracks of the Chicago, Burlington and Quincy Railroad Company at Montgomery, Illinois. The facts underlying the disaster are fully narrated in the opinion below (301 F.Supp. 72) and need only be highlighted here.

Commencing on September 25, 1964, the Chicago, Rock Island and Pacific Railroad Company...

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