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UNITED STATES v. NORTHERN PACIFIC RAILWAY COMPANY

No. 2277.

142 F.Supp. 679 (1956)

UNITED STATES of America, Plaintiff, v. NORTHERN PACIFIC RAILWAY COMPANY and Northwestern Improvement Company, Defendants.

United States District Court W. D. Washington, N. D.

June 23, 1956.

Attorney(s) appearing for the Case

Victor R. Hansen, Asst. Atty. Gen., Margaret H. Brass, Edward M. Feeney, Victor H. Kramer, Dept. of Justice, Washington, D. C., and Charles P. Moriarty, U. S. Atty., Seattle, Wash., for plaintiff.

M. L. Countryman, Jr., St. Paul, Minn., Dean H. Eastman, Harold G. Boggs, Roscoe Krier, Seattle, Wash., for defendants.

BOLDT, District Judge.

By this action the government seeks to have certain contractual provisions contained in deeds and leases granted by defendants held illegal as contravening Section 1 of the Sherman Anti-Trust Act, 26 Stat. 209, 15 U.S.C.A. § 1 et seq.1 The action is authorized by Section 4 of the Act. Injunctive relief is sought to prevent enforcement of the contract provisions which defendants designate as "preferential routing...

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