The MINNEAPOLIS & ST. LOUIS RY. CO., Plaintiff,
and
New York, Chicago & St. Louis Railroad Co., State of South Dakota, and Public Utilities Commission of The State of South Dakota and State of Minnesota, and Minnesota Railroad & Warehouse Commission, Intervening Plaintiffs,
v.
UNITED STATES of America,
and
Interstate Commerce Commission, Defendants,
and
The Atchison, Topeka & Santa Fe Ry. Co., The Pennsylvania Railroad Co. and Pennsylvania Company, The City of Peoria, The City of East Peoria and The Peoria Assoc. of Commerce, The State of Illinois, The Shippers Along The Lines of The Toledo, Peoria & Western Railroad Co., City of Bushnell, Illinois, Bushnell Chamber of Commerce; City of Canton, Illinois, Canton Chamber of Commerce; City of LaHarpe, Illinois, LaHarpe Golden Rule Club; Village of Lomax, Illinois; City of Keokuk, Iowa, Keokuk Chamber of Commerce, Keokuk Bridge Commission, The Hubinger Company, Keokuk; City of Warsaw, Illinois, Warsaw Chamber of Commerce; City of Forrest, Illinois; City of Fairbury, Illinois; City of Gridley, Illinois; City of Gilman, Illinois; City of Sheldon, Illinois; City of Watseka, Illinois; City of Eureka, Illinois; Village of Secor, Illinois; City of Washington, Illinois; City of Chenoa, Illinois, Intervening Defendants.
United States District Court D. Minnesota, Fourth Division.https://leagle.com/images/logo.png
September 16, 1958.
September 16, 1958.
Attorney(s) appearing for the Case
Richard Musenbrock and William J. Powell, Minneapolis, Minn., for plaintiff. Dorsey, Owen, Barker, Scott & Barber, Minneapolis, Minn., of counsel.
Philip Stringer, St. Paul, Minn., and Thomas O. Broker, Cleveland, Ohio, for intervening plaintiff New York, Chicago & St. Louis Railroad Company.
Phil Saunders, Atty. Gen., and Herman L. Bode, Asst. Atty. Gen., for intervening plaintiff State of South Dakota, and Public Utilities Commission of the State of South Dakota.
Miles Lord, Atty. Gen., and Harold J. Soderberg, Jr., Asst. Atty. Gen., for intervening plaintiffs State of Minnesota and Minnesota Railroad & Warehouse Commission.
George E. MacKinnon, U. S. Dist. Atty., St. Paul, Minn., Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and P. James W. Underwood, Attys., Dept. of Justice, Washington, D. C., for defendant United States.
Robert W. Ginnane, Gen. Counsel, Washington, D. C., and B. Franklin Taylor, Jr., Asst. Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.
R. S. Outlaw, Starr Thomas, Carl E. Bagge, Chicago, Ill., for intervening defendant Atchison, Topeka & Santa Fe Ry. Co.
Edwin A. Lucas, Philadelphia, Pa., and Robert H. Bierma, Chicago, Ill., for intervening defendants Pennsylvania R. Co. and Pennsylvania Co. Richards, Janes, Montgomery & Cobb, Minneapolis, Minn., of counsel.
Max J. Lipkin, Peoria, Ill., for intervening defendant City of Peoria.
Fred V. Stiers, East Peoria, Ill., for intervening defendant City of East Peoria.
Verle W. Safford, Peoria, Ill., for intervening defendant Peoria Association of Commerce.
Latham Castle, Atty. Gen., Chicago, Ill., for intervening defendant State of Illinois. Harry H. Peglay, Special Asst. Atty. Gen., of counsel.
Robert H. Walker, Keokuk, Iowa, for intervening defendants Communities and Shippers along the lines of the Toledo, Peoria & Western Railroad Company. Boyd, Walker, Huiskamp & Concannon, Keokuk, Iowa, and Cant, Taylor, Haverstock, Beardsley & Gray, Minneapolis, Minn., of counsel.
Before SANBORN, Circuit Judge, and NORDBYE and DEVITT, District Judges.
United States District Court D. Minnesota, Fourth Division.
PER CURIAM.
This is an appeal by the Minneapolis & St. Louis Ry. Co. (Minneapolis) from an order of the Interstate Commerce Commission approving the acquisition of control jointly by the Pennsylvania Company and through the latter, the Pennsylvania Railroad Company (Pennsylvania) and the Atchison, Topeka & Santa Fe Railway Company (Santa Fe) of the Toledo, Peoria & Western Railroad Company (Western) under Section 5(2) of the Interstate Commerce Commission...
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