Chicago, Rock Island & Pacific Railroad v. Chicago & North Western Railway Co.

MERCER, Chief Judge.

Plaintiff, Chicago, Rock Island and Pacific Railroad Company, prosecutes this action for an injunction to stay the defendant, Chicago and North Western Railway Company, from building a proposed track leading into an area near Peoria, Illinois, known as Pioneer Industrial Park, and hereinafter referred to as the Park. The cause was taken under advisement upon the pleadings, the evidence and the briefs and arguments of counsel. The memorandum opinion which follows incorporates the findings of fact and conclusions of law of the court.

The area involved in this dispute was…