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NORTHERN PAC. RY. CO. v. BAKER

No. 456.

3 F.Supp. 1 (1933)

NORTHERN PAC. RY. CO. et al. v. BAKER et al.

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

March 21, 1933.

Attorney(s) appearing for the Case

L. B. da Ponte, and Thos. H. Maguire, both of Seattle, Wash., and J. W. Quick, of Tacoma, Wash., for plaintiff Northern Pac. Ry. Co.

F. M. Dudley, I. S. Crawford, and O. G. Edwards, all of Seattle, Wash. (A. J. Laughon, of Seattle, Wash., on the brief), for plaintiff Chicago, M., St. P. & Pac. R. Co.

Thomas Balmer and A. J. Clynch, both of Seattle, Wash., for plaintiff Great Northern Ry. Co.

Arthur C. Spencer, of Portland, Or., and O. G. Edwards, of Seattle, Wash., for plaintiff Oregon-Washington R. & Nav. Co.

G. W. Hamilton, Atty. Gen., John H. Dunbar, (former) Atty. Gen., and John C. Hurspool, Asst. Atty. Gen., for defendants.

Hance H. Cleland and Raymond W. Clifford, both of Olympia, Wash., for defendant J. L. Bridge.

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

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

Because of the fact that certain shippers who shipped logs after the issuance of the interlocutory injunction and prior to the filing of the tariffs so reducing log rates were not parties to the settlement, they would have a right of action upon the bonds given by plaintiffs at the time of securing the interlocutory injunction, should such injunction have been wrongfully granted. For this reason, despite...

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