MONTANA CITIZENS F. R. ASS'N v. BOARD OF R. R. COM'RS


271 P.2d 1024 (1954)

MONTANA CITIZENS FREIGHT RATE ASS'N v. BOARD OF RAILROAD COM'RS OF MONTANA et al.

Supreme Court of Montana.

As Amended on Denial of Rehearing June 8, 1954

Further Petition for Rehearing Denied June 30, 1954.


Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., H. Moody Brickett, Asst. Atty. Gen., James B. Patten and John H. Risken, Sp. Asst. Attys. Gen. and Secretary Counsel for Board of Railroad Commissioners, Edwin S. Booth, Sp. Asst. Atty. Gen., S. B. Chase, Jr., Great Falls, Conrad Olson, John C. Smith and Warren H. Ploeger, St. Paul, Minn., for appellants.

Truman G. Bradford, Great Falls, Leo C. Graybill, Jr., Great Falls, for respondent.


ANGSTMAN, Justice.

This appeal is by defendants and intervenors from a judgment holding an order of defendant board increasing intrastate freight rates to be invalid and void.

The interstate commerce commission in Ex Parte 175, reported in 284 I.C.C.R. 589, increased the rates and charges of the rail carriers operating in Montana by nine percent by granting a fifteen percent increase in lieu of a six percent increase previously granted subject to certain exceptions...

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