CO-OPERATIVE SHIPPERS, INC. v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 84C2359.

624 F.Supp. 797 (1985)

CO-OPERATIVE SHIPPERS, INC., Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant.

United States District Court, N.D. Illinois, E.D.

November 25, 1985.


Attorney(s) appearing for the Case

Richard Billik, Jr., Billik & Billik, Ltd., Chicago, Ill., Ronald N. Cobert, Joseph Michael Roberts, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., for plaintiff.

Dennis A. Kearns, John C. Palmer, Ellen L. Falkof, Chicago, Ill., for defendant.


MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

As courts of limited jurisdiction, federal district courts always must decide whether they have subject matter jurisdiction, and thus power, to rule in a case. This case adds a wrinkle to that question. In deciding whether we have jurisdiction, we must decide whether the appellate court has jurisdiction over an appeal which defendant has filed. On July 3, 1985, we granted plaintiff Co-Operative Shippers...

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