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B & O CHICAGO TERMINAL R.R. v. COMMERCE COM.

No. 76-856.

55 Ill. App.3d 915 (1977)

370 N.E.2d 1266

THE BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, Respondent-Appellant, v. ILLINOIS COMMERCE COMMISSION et al., Petitioners-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed December 15, 1977.

Attorney(s) appearing for the Case

James R. Gannon and Robert A. Subkowsky, both of Lewis, Overbeck & Furman, of Chicago, for appellant.

William J. Scott, Attorney General, of Chicago, and George J. Witous and Ralph L. Rehnquist, both of Oak Lawn (Hercules F. Bolos, Rodney C. Howard, and Mary C. Ubatuba, Assistant Attorneys General, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The respondent, the Baltimore and Ohio Terminal Railroad Company (Railroad), appeals from an order of the trial court affirming an order of the Illinois Commerce Commission establishing a grade crossing. We find that the Commission failed to consider what effect the interference with the railroad operation will have on the public convenience in general and remand for additional testimony...

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