BOARD OF TRADE OF KANSAS CITY v. UNITED STATES

No. 555.

36 F.Supp. 865 (1941)

BOARD OF TRADE OF KANSAS CITY, MO., et al. v. UNITED STATES et al. (BOARD OF RAILROAD COM'RS OF NORTH DAKOTA et al., Interveners).

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

January 21, 1941.


Attorney(s) appearing for the Case

M. W. Borders and Wilfred Wimmell, both of Kansas City, Mo., and Samuel J. Wettrick, of Chicago, Ill., for complainants.

Thurman Arnold, Asst. Atty. Gen., Smith R. Brittingham, Jr., and Elmer B. Collins, Sp. Assts. to Atty. Gen., and Richard K. Phelps, Asst. U. S. Atty., of Kansas City, Mo., for defendant United States.

J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, both of Washington, D. C., for defendant Interstate Commerce Commission.

Alvin C. Strutz, Atty. Gen. of North Dakota, and James M. Hanley, of Mandan, N. D., Commerce Counsel of the Board of Railroad Commissioners of State of North Dakota, for interveners Board of Railroad Com'rs of State of North Dakota and others.

J. W. Taylor, Atty. Gen., and D. W. Thomas, Asst. Atty. Gen. of State of Idaho, for interveners Public Utilities Commission of State of Idaho, and Idaho State Grange, Inc.

Ralph W. Currie and Frank A. Leffingwell, both of Dallas, Tex., and V. E. Phillips, of Kansas City, Mo., for interveners Texas Industrial Traffic League, Fort Worth Grain and Cotton Exchange, and Tex-O-Kan Flour Mills Co.

Harrison J. Freebourn, Atty. Gen. of State of Montana, and Emmett C. Angland, of Helena, Mont., Counsel for Board of Railroad Com'rs, for interveners Board of Railroad Com'rs for State of Montana.

Before THOMAS, Circuit Judge, and OTIS and COLLET, District Judges.


COLLET, District Judge.

Action to enjoin the enforcement of an order of the Interstate Commerce Commission affecting railroad grain rates. Plaintiffs are the Board of Trade of Kansas City, Missouri, engaged in the business of buying, selling, processing and handling grain, flour, mill feeds, mixed feeds and other products of grain at that city; certain individuals and corporations engaged in a similar business at Kansas City, Missouri; the Minneapolis Traffic Association...

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