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NORTHERN PAC. RY. CO. v. COONEY

No. 1512.

12 F.Supp. 73 (1935)

NORTHERN PAC. RY. CO. et al. v. COONEY, Governor, et al.

District Court, D. Montana.

September 24, 1935.

Attorney(s) appearing for the Case

Gunn, Rasch, Hall & Gunn, of Helena, Mont., Clift & Glover, of Great Falls, Mont., Murphy & Whitlock, of Missoula, Mont., and Corette & Corette, of Butte, Mont., for plaintiffs.

Raymond T. Nagle, Atty. Gen., of Montana, and Enor K. Matson, Asst. Atty. Gen., of Montana, for defendants.

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

PRAY, District Judge.

This suit was brought by the above-named plaintiffs against the above-named defendants praying for a decree declaring void that certain statute enacted by the Legislative Assembly of the state of Montana requiring all railroad engines and locomotives to be equipped with a rear headlight (Laws Mont. 1935, c. 75), as one in violation of the commerce clause of the Federal Constitution (art. 1, § 8, cl. 3), and also in violation of the Fourteenth...

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