ATCHISON, T. & S. F. RY. CO. v. UNITED STATES

No. 10479.

51 F.2d 510 (1931)

ATCHISON, T. & S. F. RY. CO. et al. v. UNITED STATES et al.

District Court, N. D. Illinois, E. D.

July 8, 1931.


Attorney(s) appearing for the Case

Frederick H. Wood, of New York City, Walter McFarland and P. F. Gault, both of Chicago, Ill., Douglas F. Smith, of Omaha, Neb., H. H. Larimore, of St. Louis, Mo., J. N. Davis, of Chicago, Ill., A. B. Mason, of San Francisco, Cal., R. J. Hagman and M. L. Countryman, Jr., both of St. Paul, Minn., R. S. Outlaw and Leslie Craven, both of Chicago, Ill., Wm. D. Whitney, of New York City, and A. B. Enoch, of Chicago, Ill. (W. F. Dickinson, O. W. Dynes, R. V. Fletcher, E. E. McInnis, and Bruce Scott, all of Chicago, Ill., of counsel), for petitioners.

Dick Dixon and Frank A. Leffingwell, both of Dallas, Tex., for petitioners Terminal Grain Co., Morten Milling Co., Stanard-Tilton Milling Co., and Universal Mills.

James Stillwell, of Pittsburgh, Pa., Theodore Schmidt, of Chicago, Ill., M. B. Pierce, of New York City, H. S. Harr, of Cincinnati, Ohio, W. J. Stevenson, of Cleveland, Ohio, J. R. Connell, of Mt. Carroll, Ill., and D. P. Connell, of Chicago, Ill., for intervening petitioners carriers in Eastern District.

Elmer B. Collins, Sp. Asst. to Atty. Gen., John Lord O'Brian, Asst. to Atty. Gen., and George E. Q. Johnson, U. S. Atty., of Chicago, Ill., for the United States.

Edward M. Reidy and H. L. Underwood, both of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C., of counsel), for defendant Interstate Commerce Commission.

E. H. Hatcher, of Topeka, Kan., and C. W. Steiger, of Eldorado, Kan., for intervening defendant Public Service Commission for State of Kansas.

C. A. Sorensen and Hugh La Master, both of Lincoln, Neb., for intervening defendant Nebraska State Railway Commission.

Harrison A. Bronson, of Grand Forks, N. D., for intervening defendant State of North Dakota.

Ralph Merriam, of Chicago, Ill., for intervening defendant Board of Trade of Kansas City, Mo.

D. D. McDonald, of Jefferson City, Mo., Francis Silver, of Helena, Mont., James Morris, of Bismarck, N. D., Paul A. Walker, of Oklahoma City, Okl., Herman L. Bode, of Pierre, S. D., and Clyde S. Bailey and John E. Benton, both of Washington, D. C., for intervening defendants Corporation Commission of Arizona, Public Utilities Commission of State of Colorado, Public Utilities Commission of State of Idaho, Public Service Commission of Missouri, Board of Railroad Commissioners of State of Montana, Public Service Commission of Nevada, New Mexico State Corporation Commission, Board of Railroad Commissioners of North Dakota, Corporation Commission of Oklahoma, Public Utility Commissioner of Oregon, Board of Railroad Commissioners of State of South Dakota, Public Service Commission of State of Wyoming, and Arkansas Railroad Commission.

George E. Q. Johnson, of Chicago, Ill., for the United States.

Before SPARKS, Circuit Judge, and LINDLEY and WOODWARD, District Judges.


LINDLEY, District Judge.

Plaintiffs, carriers in the Western district, seek to enjoin, pending final hearing of this cause, an order of the Interstate Commerce Commission entered July 1, 1930, and one of supplemental character entered April 10, 1931, in a proceeding, instituted by the Commission of its own motion, involving an investigation of the rate structure relating to grain and grain products within said district and for export. The proceedings were part of...

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