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CHICAGO & N. W. RY. CO. v. CHICAGO, M., ST. P. & P. R. CO.

No. 73-1349.

502 F.2d 193 (1974)

CHICAGO & NORTH WESTERN RAILWAY COMPANY, a corporation, Plaintiff-Appellee, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1974.

Attorney(s) appearing for the Case

James P. Reedy, Anthony W. Summers, Chicago, Ill., for defendant-appellant.

Edward Warden, James P. Daley, Chicago, Ill., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, and PELL and SPRECHER, Circuit Judges.

PELL, Circuit Judge.

In 1932, the Chicago, Milwaukee, St. Paul and Pacific Railway (the Milwaukee) and the Chicago & North Western Railway (North Western)1 entered into an agreement granting the Milwaukee the right to use jointly with North Western a certain section of main line track owned by North Western. In 1971, North Western attempted to terminate the agreement. When the Milwaukee rejected...

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