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STATE OF IDAHO v. UNITED STATES

No. 12873.

10 F.Supp. 712 (1935)

STATE OF IDAHO et al. v. UNITED STATES et al.

District Court, D. Utah, Central Division.

March 8, 1935.

Attorney(s) appearing for the Case

Bert H. Miller, Atty. Gen., Ariel L. Crowley, Asst. Atty. Gen., and Maurice H. Greene, of Boise, Idaho, for plaintiff.

Dan B. Shields, U. S. Atty., Salt Lake City, Utah, and Elmer B. Collins, Asst. to the Atty. Gen.

E. M. Reidy, Asst. Chief Counsel, of Washington, D. C., for Interstate Commerce Commission.

George H. Smith, Robert B. Porter, and W. Hal Farr, all of Salt Lake City, Utah, for Oregon Short Line R. R.

Before BRATTON, Circuit Judge, and JOHNSON and SYMES, District Judges.

SYMES, District Judge.

This is an action by the state of Idaho and its Public Utility Commission, against the defendants, the United States, the Interstate Commerce Commission, and the Oregon Short Line Railroad, to set aside and vacate an order of the Interstate Commerce Commission granting, on the application of the railroad company, its certificate to abandon 9.053 miles of railroad, all located within the state of Idaho. The order becomes effective fifteen months...

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