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CHICAGO & N.W. RY. v. PEORIA & PEKIN UNION RY.

No. 75-38.

46 Ill. App.3d 95 (1977)

360 N.E.2d 404

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Plaintiff-Appellee, v. PEORIA AND PEKIN UNION RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied March 21, 1977.

Attorney(s) appearing for the Case

Sidley & Austin, of Chicago, and Westervelt, Johnson, Nicoll & Keller, of Peoria (David P. List, of counsel), for appellant.

Warden, Daley & Brant, of Chicago, and Swain, Johnson & Gard, of Peoria (George H. Brant, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE BARRY delivered the opinion of the court:

The action underlying this appeal was brought by the Chicago and North Western Railway Company (C&NW) charging the defendant, Peoria and Pekin Union Railway Company (P&PU) with breach of contract. Both parties filed motions for summary judgment. The trial court denied the motion of P&PU and granted that of C&NW. Subsequently, the trial court awarded C&NW damages in...

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