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NORTHERN PAC. RY. CO. v. PUBLIC SERVICE COMMISSION OF OREGON

No. 9065.

47 F.2d 778 (1930)

NORTHERN PAC. RY. CO. v. PUBLIC SERVICE COMMISSION OF OREGON.

District Court, D. Oregon.

July 21, 1930.

Attorney(s) appearing for the Case

Carey & Kerr and Chas. A. Hart, all of Portland, Or., L. B. Da Ponte, of Seattle, Wash., and T. H. Maguire, of Portland, Or., for plaintiff.

I. H. Van Winkle, Atty. Gen. of Oregon, for defendant.

BEAN, District Judge.

This is a suit to enjoin the enforcement of an order of the defendant, Public Service Commission, purporting to impose an obligation on plaintiff to pay $5,000 on account of the elimination or abandonment of certain highway crossings over the plaintiff's railway track in Umatilla county.

The facts are that some time in 1928 the county of Umatilla, without first obtaining permission of the Public Service Commission, began the relocation...

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