GREAT NORTHERN RY. CO. v. UNITED STATES

Civ. No. 3586.

111 F.Supp. 450 (1953)

GREAT NORTHERN RY. CO. v. UNITED STATES et al.

United States District Court D. Minnesota, Fourth Division.

April 17, 1953.


Attorney(s) appearing for the Case

Louis E. Torinus, Jr., and Anthony Kane, St. Paul, Minn. (Edwin C. Matthias, St. Paul, Minn., on the brief), for plaintiff.

Donald E. Van Koughnet, Special Asst. to the Atty. Gen., and Philip Neville, U. S. Atty., St. Paul, Minn. (Edward P. Hodges, Acting Asst. Atty. Gen., and James E. Kilday, Special Asst. to the Atty. Gen., on the brief), for defendant.

Ellis V. Gregory, Attorney, Interstate Commerce Commission, Washington, D. C. (Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., on the brief), for intervening defendant Interstate Commerce Commission.

Edwin S. Booth, Jr., Special Atty. Gen. State of Montana (Loble & Loble, Gene A. Picotte, Helena, Mont., Arnold H. Olsen, Atty. Gen. of the State of Montana, and John H. Risken, Secretary-Counsel, Board of Railroad Commissioners, State of Montana, Helena, Mont., on the brief), for intervening defendants Board of Railroad Commissioners of the State of Montana and Valier Community Club.

Art Jardine, Great Falls, Mont., for intervening defendant Montana Western Ry. Co.

Before SANBORN, Circuit Judge, and JOYCE and DONOVAN, District Judges.


PER CURIAM.

This action was brought to enjoin an order of the Interstate Commerce Commission, 275 I.C.C. 512, establishing joint rates (and divisions thereof) over through routes from points on the twenty-mile line of the Montana Western Railway Company— which runs from Valier, Montana, to Conrad, Montana,—to points on the Great Northern Railway, with the interstate lines of which the Montana Western connects at Conrad.

The facts are stated in...

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