NORTHERN PAC. RY. CO. v. UNITED STATES

No. 2444.

60 F.2d 302 (1932)

NORTHERN PAC. RY. CO. et al. v. UNITED STATES et al. (NORTHWEST PETROLEUM ASS'N et al., Interveners).

District Court, D. Minnesota, Third Division.

July 19, 1932.


Attorney(s) appearing for the Case

M. L. Countryman, Jr., of St. Paul, Minn., and A. H. Lossow, of Minneapolis, Minn. (J. N. Davis and P. F. Gault, both of Chicago, Ill., and R. J. Hagman, J. P. Plunkett, D. F. Lyons, and F. G. Dorety, all of St. Paul, Minn. on the brief), for petitioners.

Elmer B. Collins, Sp. Asst. to Atty. Gen. (Lewis L. Drill, U. S. Atty., of St. Paul, Minn., and John Lord O'Brian, Asst. to Atty. Gen., on the brief), for the United States.

E. M. Reidy, of Washington, D. C. (Daniel W. Knowlton, of Washington, D. C., on the brief), for the Interstate Commerce Commission.

Karl Knox Gartner, of Washington, D. C., and Elwin E. Hadlick, of Minneapolis, Minn., for intervener Northwest Petroleum Association.

Garberg & Johnson, of Fargo, N. D., for the interveners Farmers' Union Co-Operative Oil Company, et al.

The suit, being one to enjoin and annul an order of the Interstate Commerce Commission, was heard before a court of three judges, consisting of JOHN B. SANBORN, United States Circuit Judge, WILLIAM A. CANT, United States District Judge, and GUNNAR H. NORDBYE, United States District Judge.


PER CURIAM.

The petitioners are common carriers in interstate commerce whose lines are situated in what is termed "western trunk line territory," which comprises the states of Illinois, Iowa, Nebraska, Wisconsin, Minnesota, North Dakota, and South Dakota. The states of Missouri, Kansas, Oklahoma, and Texas and portions of Louisiana and Arkansas form what has been referred to in this case as the "midcontinent oil field." That field produces great quantities of gasoline...

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