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MOFFAT TUNNEL LEAGUE v. UNITED STATES

No. 909.

59 F.2d 760 (1932)

MOFFAT TUNNEL LEAGUE et al. v. UNITED STATES et al. (DENVER & S. L. RY. CO. et al., Interveners).

District Court, D. Delaware.

June 18, 1932.

Attorney(s) appearing for the Case

Albert L. Vogl, of Denver, Colo., and John J. Morris, Jr., of Wilmington, Del., for plaintiffs.

Leonard E. Wales, U. S. Atty., of Wilmington, Del., and Elmer B. Collins, Sp. Asst. to Atty. Gen., for the United States.

Nelson Thomas, of Washington, D. C., for Interstate Commerce Commission.

H. Brua Campbell (of Pierce & Greer), of New York City, and Clarence A. Southerland (of Ward & Gray), of Wilmington, Del., for defendant Denver & R. G. W. R. Co.

Elmer L. Brock, of Denver, Colo., and Dudley C. Lunt, of Wilmington, Del., for intervener Denver & S. L. Ry. Co.

Norton Montgomery, of Denver, Colo., and Howard Duane, of Wilmington. Del., for interveners Moffat Tunnel Imp. Dist., Herbert C. Fairall and others.

Colin A. Smith, Asst. Atty. Gen., for the State of Colorado and Public Utilities Commission of Colorado.

Before WOOLLEY and THOMPSON, Circuit Judges, and NIELDS, District Judge.

Suit in equity before the court constituted as provided by section 266 of the Judicial Code (28 USCA § 380).

WOOLLEY, Circuit Judge.

The plaintiffs, by petition in the nature of a bill in equity, ask this court to annul and, by appropriate relief, enjoin the execution of an order of the Interstate Commerce Commission authorizing the Denver and Rio Grande Western Railroad Company to acquire stock control of the Denver and Salt Lake Railway Company. This...

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