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MISSOURI PAC. R. R. CORP. v. NEBRASKA STATE RY. COM'N

No. 9464.

65 F.2d 557 (1933)

MISSOURI PAC. R. R. CORPORATION IN NEBRASKA v. NEBRASKA STATE RY. COMMISSION et al.

Circuit Court of Appeals, Eighth Circuit.

May 10, 1933.

Attorney(s) appearing for the Case

Yale C. Holland, of Omaha, Neb. (J. A. C. Kennedy and G. L. DeLacy, both of Omaha, Neb., on the brief), for appellant.

Hugh LaMaster, Asst. Atty. Gen., of Nebraska (C. A. Sorensen, Atty. Gen., of Nebraska, on the brief), for appellees.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is an appeal from a decree which dismissed a bill which sought to enjoin the enforcement of an order made by the Nebraska State Railway Commission.

The order of the commission, dated February 23, 1924, contained the following:

"The Commission is, therefore, of the opinion that the rule applied for by the Company, and hitherto approved by this Commission, is not reasonable under all...

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