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GREAT NORTHERN RY. CO. v. UNITED STATES

No. 864.

22 F.2d 865 (1927)

GREAT NORTHERN RY. CO. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).

District Court, D. Minnesota, Third Division.

October 19, 1927.

Attorney(s) appearing for the Case

F. G. Dorety, of St. Paul, Minn., Thomas Balmer, of Seattle, Wash., and Fletcher Rockwood, of St. Paul, Minn., for petitioner.

Blackburn Esterline, Asst. Sol. Gen., of Washington, D. C., and Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., for the United States.

D. W. Knowlton, of Washington, D. C., for Interstate Commerce Commission.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges, sitting pursuant to the Urgent Deficiencies Act of October 22, 1913 (38 Stat. 208, 219 [Comp. St. § 992]).

PER CURIAM.

The defendant and intervener moved to dismiss the petition on the ground that the court had no jurisdiction. The court ordered that the question of jurisdiction be first argued and determined, and, after oral argument, fixed the time within which briefs should be filed on that question. Briefs have been filed by the petitioner, by the defendant, by the intervener, and by C. C. Hine, general solicitor, Chicago,...

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