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

No. 692.

44 F.2d 243 (1930)

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

District Court, D. Montana.

June 5, 1930.

Attorney(s) appearing for the Case

Gunn, Rasch & Hall, of Helena, Mont., W. L. Clift, of Great Falls, Mont., Murphy & Whitlock and Howard Toole, all of Missoula, Mont., and D. F. Lyons and Frank Gehan, both of St. Paul, Minn., for plaintiffs.

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

Before DIETRICH, Circuit Judge, and PRAY and BOURQUIN, District Judges.

BOURQUIN, District Judge.

This is a three-judge suit, wherein the railroads seek to enjoin intrastate rates established by defendants, prior to said rates in effect and pending a section 13 hearing by plaintiffs requested of the Interstate Commerce Commission.

The amended complaint counts upon unjust discrimination between intrastate and interstate persons and places. Defendants' motion to dismiss for insufficiency of the complaint, and plaintiffs' application...

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