UNION PACIFIC RAILROAD CO. v. UNITED STATES OF AMERICA

Civ. A. No. 76-53.

132 F.Supp. 72 (1954)

UNION PACIFIC RAILROAD COMPANY et al., Plaintiffs, v. UNITED STATES OF AMERICA and Interstate Commerce Commission, Defendants.

United States District Court D. Nebraska, Omaha Division.

October 22, 1954.


Attorney(s) appearing for the Case

Elmer B. Collins, Asst. Western Gen. Counsel, Omaha, Neb., John J. Burchell and W. R. Rouse, Omaha, Neb., of counsel, for Union Pac. R. Co.

F. O. Steadry, Chicago, Ill., for Chicago & N. W. Ry. Co. and Chicago, St. Paul, Minneapolis & Omaha Ry. Co.

Carson L. Taylor, Chicago, Ill., for Chicago, Milwaukee, St. Paul and Pacific R. Co.

Eugene S. Davis, St. Louis, Mo., for Wabash R. Co.

Robert E. Quirk, Washington, D. C., Harry L. Welch, Omaha, Neb., and Herbert M. Boyle, Denver, Colo., for Denver & Rio Grande Western R. Co.

L. E. Torinus, Jr., St. Paul, Minn., for Great Northern Ry. Co.

Bert L. Overcash, Lincoln, Neb. (Clarence S. Beck, Atty. Gen., of Nebraska, was on the brief), for the State of Nebraska and Nebraska State Railway Commission.

Robert L. Simpson, Olympia, Wash. (Don Eastvold, Atty. Gen., of Washington, was on the brief), for Washington Pub. Service Comm.

John H. Carkin, Salem, Or. (C. W. Ferguson was with him on the brief), for Public Utilities Comm. of Oregon.

John H. Risken, Helena, Mont., for Board of Railroad Commissioners of the State of Montana.

Howard B. Black, Atty. Gen., of Wyoming, for State Board of Equalization and Public Service Commission of Wyoming.

Justus R. Moll, Washington, D. C., and J. D. Cranny and J. P. Moore, Omaha, Neb., for M. P. Caveny, of Omaha, chairman of the Union Pac. General Chairmen's Assn.

Ray McGrath, Omaha, Neb., for Idaho Farm Bureau, Public Service Comm. of Utah, Committees of the Railroad Brotherhoods who work for the D & RG, and National Livestock Producers Assn.

Warren H. Ploeger, St. Paul, Minn., and Roland J. Lehman, Chicago, Ill., on the brief, Nye F. Morehouse, Chicago, Ill., M. L. Countryman, Jr., Edwin C. Matthias, St. Paul, Minn., J. C. Gibson, M. L. Bluhm, Chicago, Ill., Joseph H. Miller, St. Louis, Mo., of counsel, for plaintiffs.

Edward M. Reidy Chief Counsel, Washington, D. C., and Samuel R. Howell, Asst. Chief Counsel, Washington, D. C., of counsel, for Interstate Commerce Comm.

Henry A. Cockrum, Acting Assoc. Solicitor, U. S. Dept. of Agriculture, Washington, D. C., Charles W. Bucy, Associate Solicitor, Washington, D. C., was with him on the brief for the Dept. of Agriculture.

E. Riggs McConnell, Special Asst. to the Atty. Gen., Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday, Special Asst. to the Atty. Gen., and Donald R. Ross, U. S. Atty., Omaha, Neb., were with him on the brief for the United States.

Before JOHNSEN and COLLET, Circuit Judges, and DELEHANT, District Judge.


COLLET, Circuit Judge.

The Denver and Rio Grande Western Railroad Company, hereafter referred to as the Rio Grande, filed a complaint with the Interstate Commerce Commission requesting the Commission to order the Union Pacific Railroad Company (and other lines comprising the Union Pacific System, together with connecting carriers comprising, in all, 221 railroads, which will be referred to as the Union Pacific) to file joint rates over through routes with the Rio...

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