NORTHERN PACIFIC RAILWAY COMPANY v. ANDERSON

No. 7744.

95 N.W.2d 582 (1959)

NORTHERN PACIFIC RAILWAY COMPANY, a corporation, and Northern Pacific Transport Co., a corporation, Appellants and Respondents, v. Anson J. ANDERSON, Ernest D. Nelson and Martin Vaaler, as members of the Public Service Commission of the State of North Dakota; A. L. Ford and the Brotherhood of Railroad Trainmen; Dale Langford and the Brotherhood of Locomotive Firemen & Enginemen; James McDonald and the Brotherhood of Railway Clerks; William Hanlon; O. O. Lundby; Farmers Union Elevator Company of Minnewaukan, Minnewaukan Commercial Club; Farmers Union Grain Terminal Association; City of Sykeston; Lunby Grain and Fuel Company; Equity Cooperative Elevator Company of Sheyenne, North Dakota; Maier Coach Lines; Northland Greyhound Lines, a corporation; Midwest Motor Express, Inc., a corporation; Dakota Transfer and Storage Company, a corporation; Northwest Dispatch, Inc., a corporation; North Dakota Motor Carriers Association; and Chamber of Commerce, Fargo, North Dakota, Respondents and Appellants.

Supreme Court of North Dakota.

Rehearing Denied April 6, 1959.


Attorney(s) appearing for the Case

Leslie R. Burgum, Atty. Gen., and Gerald G. Glaser, Commerce Counsel, Bismarck, for appellant Public Service Commission.

Van Osdel & Foss, Fargo, for appellants Dakota Transfer & Storage Co., Northwest Dispatch, Inc., Northland Greyhound Lines, Maier Coach Lines.

Gallagher & Paul, Mandan, for appellants, Brotherhood of Railroad Trainmen.

Conmy & Conmy, Fargo, and Frank S. Farrell, St. Paul, Minn., for appellants and respondents, Northern Pac. R. Co., and Northern Pac. Transport Co.


BURKE, Judge.

These appeals are from a judgment of the District Court of Foster County reversing three orders of the Public Service Commission. Two orders denied an application of the Northern Pacific Railway Company to curtail certain branch line service in this state and the third order denied the application of the Northern Pacific Transport Company, a subsidiary of the railway corporation, to substitute a truck-bus service over the highways for the curtailed railway...

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