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INDIANAPOLIS U. RY. CO. v. BALTIMORE & O. R. CO.

Nos. 77-1356, 77-1357 and 77-1358.

570 F.2d 171 (1978)

The INDIANAPOLIS UNION RAILWAY COMPANY, Plaintiff-Appellee, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Norfolk and Western Railway Company and Illinois Central Gulf Railroad Company, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1978.

Attorney(s) appearing for the Case

William F. Welch, Daniel P. Byron, Indianapolis, Ind., Albert W. Laisy, Cleveland, Ohio, Cassett Martz, Gustav H. Dongus, Indianapolis, Ind., for defendants-appellants.

Edward B. Raub, Jr., R. Stanley Lawton, Karl J. Stipher, Carl T. Reis, Indianapolis, Ind., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, WOOD, Circuit Judge and ESCHBACH, District Judge.

PER CURIAM.

At issue in these three consolidated appeals is the power of the Indianapolis Union Railway's Board of Managers to alter, by less than a unanimous vote, the allocation of expenses and charges among users of the railroad. The Indianapolis Union was formed in 1833 by five larger railroads which used its tracks in central Indianapolis. Its operating expenses are apportioned and are covered by charges for the use of the railroad and by rent allocated among...

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