CHICAGO, B. & Q. R. CO. v. UNITED STATES

No. 353.

60 F.Supp. 580 (1945)

CHICAGO, B. & Q. R. CO. et al. v. UNITED STATES et al.

District Court, E. D. Kentucky, Lexington.

May 21, 1945.


Attorney(s) appearing for the Case

Richard C. Stoll and Wallace Muir, both of Lexington, Ky., Eldon Martin, C. A. Conway, Larry H. Dugan, and Charles W. Stadell, all of Chicago, Ill., Howard W. Vesey, of Washington, D. C., Richard F. Wood, of St. Louis, Mo., and E. B. Wilkinson and J. A. Moran, both of Chicago, Ill., for plaintiffs and intervenors on behalf of plaintiffs.

Edward Dumbauld and David O. Mathews, Sp.Assts. to the Atty. Gen., Daniel W. Knowlton and Nelson Thomas, Interstate Commerce Commission, both of Washington, D. C., Claude P. Stephens, U. S. Atty., of Lexington, Ky., Elden S. Dummit, Atty. Gen. of Kentucky, and M. B. Holifield, Asst. Atty. Gen. of Kentucky, J. E. Marks and C. S. Landrum, both of Lexington, Ky., and W. A. Northcutt, of Louisville, Ky., for defendants and intervenors on behalf of defendants.

Before HAMILTON, Circuit Judge, and FORD and MILLER, District Judges.


FORD, District Judge.

The plaintiffs and numerous interested parties who have been permitted to intervene as plaintiffs seek a decree declaring null and void an order of the Interstate Commerce Commission entered December 11, 1944, and a permanent injunction restraining, enjoining and suspending the execution and enforcement thereof. 38 Stat. 208, 219, 220, 28 U.S.C.A. §§ 41(8), 41(28), 43 and 48.

The relief sought by the plaintiffs is opposed by...

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