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DEPARTMENT OF PUBLIC WORKS v. UNITED STATES

No. 452.

55 F.2d 392 (1932)

DEPARTMENT OF PUBLIC WORKS OF WASHINGTON v. UNITED STATES (INTERSTATE COMMERCE COMMISSION et al., Interveners).

District Court, W. D. Washington, S. D.

January 11, 1932.

Attorney(s) appearing for the Case

John H. Dunbar, Atty. Gen., John C. Hurspool, Asst. Atty. Gen., and James P. Neal, Asst. Counsel, Temple of Justice, of Olympia, Wash., for petitioner.

Elmer B. Collins, Sp. Asst. to Atty. Gen., and Anthony Savage, U. S. Atty., of Seattle, Wash., for defendant.

E. M. Reidy and D. W. Knowlton, both of Washington, D. C., for intervener Interstate Commerce Commission.

William C. McCulloch, and Teal, Winfree, McCulloch & Shuler, all of Portland, Or. (William B. Adams, of Portland, Or., of counsel), for interveners Public Utilities Commissioner of Oregon and others.

McMaster, Hall & Schaefer, of Vancouver, Wash., for interveners Port of Vancouver and Vancouver Chamber of Commerce.

Before WILBUR, Circuit Judge, and PRAY and CUSHMAN, District Judges.

CUSHMAN, District Judge (after stating the facts as above).

Objections have been made to the court considering the complaints made by petitioner as to the differential in rates established by the Commission's order. The court is asked to deny such consideration upon a number of grounds, included among which are the following:

The rates involved herein went into effect pendente lite, and, being now in effect, this controversy has become moot.

The asserted...

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