Chicago South Shore & South Bend Railroad v. Monon Railroad

MAROVITZ, District Judge.

Defendants’ motion to dismiss the 'Count I of complaint.,

This action is before the Court today pursuant to plaintiff’s motion to temporarily restrain and enjoin defendants from making further purchases of stock in plaintiff railroad, until such time as the Interstate Commerce Commission (ICC) may determine the legality of said acquisition. Defendant has moved, in response, for a dismissal order, on the grounds that the Court lacks jurisdiction over the subject matter of the complaint.

Count I alleges that plaintiffs have filed a complaint before the ICC alleging…