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UNITED STATES v. UNION PAC. R. CO.

No. 440.

34 F.Supp. 4 (1940)

UNITED STATES et al. v. UNION PAC. R. CO. et al.

District Court, W. D. Missouri, W. D.

July 8, 1940.

Attorney(s) appearing for the Case

Burt L. Smelker and Walter R. Taylor, both of Washington, D. C., and Thomas A. Costolow, of Kansas City, Mo., for plaintiffs.

Henry N. Ess and Charles Whittaker (of Watson, Ess, Groner, Barnett & Whittaker), both of Kansas City, Mo., and Robert F. Maguire, of Portland, Or., for defendant Union Pac. R. Co.

Alton H. Skinner, of Kansas City, Kan., pro se, for defendants Kansas City, Kan., and others.

John Murphy (of Harding, Murphy & Tucker), of Kansas City, Mo., for defendants Robinson and others.

Phineas Rosenberg, of Kansas City, Mo., for defendants De Oreo and another.

J. John Gillis, of Kansas City, Mo., for defendants Garrett Holmes & Co., Inc., and another.

J. C. Gibson and Roland J. Lehman, both of Chicago, Ill., and John N. Monteith (of Lathrop, Crane, Reynolds, Sawyer & Mersereau), of Kansas City, Mo., for A., T. & S. F. R. R.

Hale Houts (of Hogsett, Murray, Trippe, Depping & Houts), of Kansas City, Mo., for C., R. I. & P. R. Co.

Ilus M. Lee, Charles M. Howell, Jr., and Floyd E. Jacobs, all of Kansas City, Mo., for Kansas City, Mo.

Leonard Ulmann, of Kansas City, Mo., pro se.

Walter M. McFarland, of Chicago, Ill., for C., B. & Q. R. R.

Leslie A. Welch, of Kansas City, Mo., for Missouri Pac. R. Co.

COLLET, District Judge.

The parties have stipulated that the record made on the hearing of the application for the preliminary injunction is to be considered by the Court as a part of the record on final hearing. Although the issue on application for preliminary injunction is frequently stated to involve only the existence of probable cause for the issuance of the restraining order, yet the facts then presented were developed with such completeness by all parties...

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