STATE OF MONTANA v. UNITED STATES

No. 586.

106 F.Supp. 786 (1952)

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

United States District Court D. Montana, Helena Division.

August 13, 1952.


Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen. of Montana, H. M. Brickett, Asst. Atty. Gen. of Montana, and Edwin S. Booth, Secretary-Counsel of the Board of Railroad Commissioners of Montana and Special Asst. Atty. Gen. of Montana, for plaintiff.

Lewis, Grant, Newton, Davis & Henry, Donald S. Graham, Denver, Colo., for American Crystal Sugar Co.

Martin & Holt, Edward A. Walsh, Denver, Colo., for Great Western Sugar Co.

Dennis O'Rourke, Lowe P. Siddons, Colorado Springs, Colo., for Holly Sugar Co.

Milton C. Gunn, Helena, Mont., for all sugar companies.

Edmond G. Toomey and Michael J. Hughes, Helena, Mont., for intervening plaintiffs Montana Stockgrowers Ass'n, Inc., and Montana Wool Growers Ass'n.

E. Riggs McConnell, Special Asst. to the Atty. Gen. for United States. Leo H. Pou, Asst. Chief Counsel, Interstate Commerce Commission, Washington, D. C., and Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., James E. Kilday, Special Asst. to the Atty. Gen. and Dalton Pierson, U. S. Atty., Butte Mont., for defendants United States and Interstate Commerce Commission.

Marcellus L. Countryman, Jr., Conrad Olson, St. Paul, Minn. (Edwin C. Matthias, John C. Smith, Louis E. Torinus, Jr., St. Paul, Minn., Carson L. Taylor, Thomas H. Maguire, Chicago, Ill., Byron E. Lutterman, Seattle, Wash., Elmer B. Collins, Asst. Western General Counsel, Union Pacific Railroad, Omaha, Neb., Eldon M. Martin, Chicago, Ill.; and Robert D. Corette, Butte, Mont., and Newell Gough, Jr., Helena, Mont., of counsel), for intervening defendant Railroad Companies.

Before POPE, Circuit Judge, PRAY, Chief Judge, and MURRAY, District Judges.


PER CURIAM.

In an opinion filed July 24, 1952, D.C., 106 F.Supp. 778, we stated the issues involved in this proceeding and our conclusions upon some of them. We called attention to the fact that the court was unable to discover that the Interstate Commerce Commission, here called the Commission, had made in connection with its order here under review, or in its proceeding designated as Ex Parte 168, which preceded the Commission...

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