Chicago & North Western Ry. v. First Nat. Bank of Waukegan

FINNEGAN, Circuit Judge.

Plaintiff filed its complaint in the District Court praying that the court enjoin defendants from moving sand, heavy machinery and equipment across the right of way on its main line near Waukegan, Illinois.

Defendants moved to dismiss the action on the ground that the complaint as amended failed to state a claim upon which relief could be granted.

On hearing arguments of counsel and on briefs submitted, the District 'Court entered an order granting the motion, striking the complaint as amended and dismissing the action, and this appeal followed.

In its complaint,…