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GREAT NORTHERN RY. v. BD. OF R.R. COMMISSIONERS

No. 9555.

298 P.2d 1093 (1956)

GREAT NORTHERN RAILWAY COMPANY, a coproration, Plaintiff and Respondent, v. The BOARD OF RAILROAD COMMISSIONERS of the State of Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 10, 1956.

Rehearing Denied July 16, 1956.

Attorney(s) appearing for the Case

Arneld H. Olsen, Atty Gen., Mr. C.W. Leaphart, Jr., Asst. Atty. Gen., Mr. James B. Patten, Sp. Asst. Atty. Gen., for appellants. Patten, Mr. Leaphart, Mr. Newell Gough and Mr. Booth argued orally.

H.V. Rhedin, St. Paul, Minn., Mr. Max P. Kuhr, Havre, Mr. Edwin S. Booth, Jr., Messrs. Weir, Gough & Matson, Helena, for respondent.

Loble & Loble & Mr. Gene A. Picotte, Helena, amici curiae.

ANGSTMAN, Justice.

This is an appeal from a judgment and decree declaring a certain order of the board of railroad commissioners to be void and illegal. The facts giving rise to the controversy are these:

Some time prior to April 29, 1954, plaintiff requested permission from the board of railroad commissioners to remove trains numbered 223 and 224, operating between Havre, Montana, and Williston, North Dakota, but the request was denied on the ground that...

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