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STATE OF MONTANA v. UNITED STATES

No. 1442.

2 F.Supp. 448 (1933)

STATE OF MONTANA et al. v. UNITED STATES et al. (FIVE RAILROADS, Interveners).

District Court, D. Montana.

January 31, 1933.

Attorney(s) appearing for the Case

L. A. Foot, Atty. Gen., and Francis A. Silver, of Helena, Mont., Counsel for Board of Railroad Commissioners, for plaintiffs.

John Lord O'Brian, Asst. to Atty. Gen., Elmer B. Collins, Sp. Asst. to Atty. Gen., and Wellington D. Rankin, U. S. Atty., of Helena, Mont., for the United States.

Daniel W. Knowlton, Chief Counsel, and E. M. Reidy, Asst. Chief Counsel, both of Washington, D. C., for Interstate Commerce Commission.

Gunn, Rasch, Hall & Gunn, of Helena, Mont., and Conrad Olson and M. L. Countryman, Jr., both of St. Paul, Minn., for interveners.

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

BOURQUIN, District Judge.

Plaintiffs sue to enjoin and annul the defendant commission's order that intrastate freight rates on certain classes of commodities be increased in amount at least equal to like increase in interstate rates, so long as the latter increase is maintained. Interested railroads intervened.

Heard, application for interlocutory injunction was denied, provided the railroads furnish the usual bond to return payments if ultimately the order...

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