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CHICAGO TRANSIT AUTHORITY v. FLOHR

No. 77-1137.

570 F.2d 1305 (1977)

CHICAGO TRANSIT AUTHORITY, a corporation, Plaintiff-Appellant, v. Bruce M. FLOHR, Deputy Federal Railroad Administrator and Brockman Adams, Secretary of Transportation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 1977.

Rehearing Denied March 6, 1978.

Attorney(s) appearing for the Case

Norman J. Barry, Ronald F. Bartkowicz, Chicago, Ill., for plaintiff-appellant.

Robert E. Kopp, Barbara L. Herwig, Appellate Section, Civ. Div. Dept. of Justice, Washington, D. C., Thomas P. Sullivan, U. S. Atty., Chicago, Ill., for defendants-appellees.

Before CUMMINGS, Circuit Judge, KUNZIG, Judge, and BAUER, Circuit Judge.

KUNZIG, Judge.

This case (of first impression at the appellate level) is before the court on direct appeal from a summary judgment entered by the District Court for the Northern District of Illinois, Eastern Division. In an action for a declaratory judgment brought by the Chicago Transit Authority (CTA, plaintiff-appellant) against the Federal Railroad Administrator and the Secretary of Transportation1 (defendants-appellees), CTA sought...

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