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NORTH DAKOTA EX REL. LEMKE v. CHICAGO & N.W. RY. CO.

No. 25, Original.

257 U.S. 485 (1922)

STATE OF NORTH DAKOTA EX REL. LEMKE, ATTORNEY GENERAL, v. CHICAGO & NORTHWESTERN RAILWAY COMPANY ET AL.

Supreme Court of United States.

Decided January 23, 1922.

Attorney(s) appearing for the Case

Mr. Charles W. Bunn, with whom Mr. Erasmus C. Lindley, Mr. Dennis F. Lyons and Mr. Benjamin W. Scandrett were on the brief, for defendants, in support of the motion to dismiss.

Mr. Karl Knox Gartner, with whom Mr. William Lemke, Attorney General of the State of North Dakota, was on the brief, for complainant, in opposition to the motion. Mr. Sveinbjorn Johnson, successor of Mr. Lemke as Attorney General, was on a supplemental brief filed after argument.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity brought in this Court by the State of North Dakota against certain named railroad companies to prevent their applying an order of the Interstate Commerce Commission until this Court can review the decision upon which that order was made. The order increased the intrastate rates in North Dakota upon a finding that the present rates were an unjust...

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