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NORTHERN PAC. RY. CO. v. BOARD OF RAILROAD COM'RS

No. 692.

34 F.2d 295 (1929)

NORTHERN PAC. RY. CO. et al. v. BOARD OF RAILROAD COM'RS OF MONTANA et al.

District Court, D. Montana.

August 6, 1929.

Attorney(s) appearing for the Case

Gunn, Rasch & Hall, of Helena, Mont., W. L. Clift, of Great Falls, Mont., and Murphy & Whitlock and Howard Toole, all of Missoula, Mont., for plaintiffs.

L. A. Foot and Francis A. Silver, both of Helena, Mont., for defendants.

BOURQUIN, District Judge.

April 15, 1929, the plaintiffs, four railroads, commenced this suit to enjoin the defendants from enforcing an intrastate rate order until plaintiffs' application for a section 13 hearing made to the Interstate Commerce Commission had been determined. The usual temporary restraining order issued. Far from the seats of the mighty, the local practice is to consult the convenience of Supreme Court Justices or Circuit Judges before any of them...

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