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In re Chicago

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


October 19, 1988

IN THE MATTER OF: CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, DEBTOR. APPEALS OF: DOUGLAS F. BARFKNECHT & JAMES MEISSNER, ET AL.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 77 B 8999 #'s 37 & 68, Prentice Marshall, Judge. Original Opinion reported at,

Before Hon. HARLINGTON WOOD, Jr., Circuit Judge, Hon. RICHARD D. CUDAHY, Circuit Judge, Hon. KENNETH F. RIPPLE, Circuit Judge

Order

On consideration of the petition for rehearing and suggestion for rehearing en banc filed by respondent-appellee Soo Line Railroad Company, the court amends its opinion issued on July 19, 1988, as follows:

In footnote 5 on page 8 of the slip opinion, the parenthetical should read:

(statute may be upheld where it promotes a legitimate local public interest and only indirectly restricts interstate commerce).

On further consideration of the petition, no member of the regular active judges of the court requested a vote, and all of the members on the original panel have voted to deny the petition. Accordingly,

IT IS ORDERED that the aforesaid petition for rehearing and suggestion for rehearing en banc be, and is hereby, DENIED.

19881019

© 1998 VersusLaw Inc.



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