The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants.
United States District Court D. Colorado.https://leagle.com/images/logo.png
January 13, 1955.
As Corrected April 22, 1955.
Attorney(s) appearing for the Case
Dennis McCarthy, Salt Lake City, Utah, and Robert E. Quirk, Washington, D. C. (Herbert M. Boyle, Denver, Colo., was with them on the brief), for plaintiff.
E. Riggs McConnell, Washington, D. C. (Stanley H. Barnes, Asst. Atty. Gen., James E. Kilday, Washington, D. C., and Donald E. Kelley, Denver, Colo., were with him on the brief), for the United States, defendant.
Samuel R. Howell, Washington, D. C. (Edward M. Reidy, Washington, D. C., was with him on the brief), for Interstate Commerce Commission, defendant.
Elmer B. Collins, Omaha, Neb., F. O. Steadry, Chicago, Ill., L. E. Torinus, Jr., St. Paul, Minn., and Eugene S. Davis, St. Louis, Mo. (F. J. Melia, Omaha, Neb., Warren H. Ploeger, St. Paul, Minn., Roland J. Lehman, Carson L. Taylor, Chicago, Ill., E. G. Knowles, Denver, Colo., W. R. Rouse, Omaha, Neb., Nye F. Morehouse, Chicago, Ill., M. L. Countryman, Jr., Edwin C. Matthias, St. Paul, Minn., J. C. Gibson, Chicago, Ill., and Joseph H. Miller, St. Louis, Mo., were with them on the briefs), for intervening railroad defendants.
H. Lawrence Hinckley, Ralph Sargont, Denver, Colo., John R. Barry, and Lee J. Quasey, Chicago, Ill. (Duke W. Dunbar, Frank W. Wachob, William T. Secor, Denver, Colo., E. R. Callister, Jr., Peter M. Lowe, Salt Lake City, Utah, Paul M. Hupp, Denver, Colo., Lowe P. Siddons, Dennis O'Rourke, Colorado Springs, Colo., and Alden T. Hill, Fort Collins, Colo., were with them on the briefs), for intervening plaintiffs.
William E. Doyle, Denver, Colo., Robert L. Simpson, Asst. Atty. Gen., Howard B. Black, Atty. Gen., and Bert L. Overcash, Lincoln, Neb. (Don Eastvold, Atty. Gen., C. W. Ferguson, Salt Lake City, Utah, James B. Patten, Helena, Mont., Clarence S. Beck, Lincoln, Neb., and Richard H. Shaw, Denver, Colo., were with them on the briefs), for intervening defendants.
Before PHILLIPS, Chief Circuit Judge, KNOUS, Chief District Judge, and SAVAGE, District Judge.
United States District Court D. Colorado.
PER CURIAM.
This action was brought by the Denver and Rio Grande Western Railroad Company against the United States of America and the Interstate Commerce Commission under the Urgent Deficiencies Act, 28 U.S.C.A. §§ 2321-2325, to set aside and permanently enjoin, in part, an order of the Interstate Commerce Commission.
In August, 1949, the Rio Grande filed a complaint with the Interstate Commerce Commission against the Union Pacific and more than...
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