GREAT NORTHERN RAILWAY COMPANY v. UNITED STATES

No. 4-59-Civ-5.

172 F.Supp. 705 (1959)

GREAT NORTHERN RAILWAY COMPANY, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Centennial Mills, Inc., Intervening Defendant.

United States District Court D. Minnesota, Fourth Division.

May 15, 1959.


Attorney(s) appearing for the Case

Anthony Kane, Gen. Counsel, L. E. Torinus, Gen. Sol., St. Paul, Minn., Robert F. Garing, Asst. Atty. Gen., Seattle, Wash., Curtis H. Berg, St. Paul, Minn., for plaintiff Great Northern Ry. Co.

Victor R. Hansen, Asst. Atty. Gen., Fallon Kelly, U. S. Atty., St. Paul, Minn., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Francis A. Silver, Associate Gen. Counsel, I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

S. J. Wettrick, Seattle, Wash., for intervening defendant, Centennial Mills, Inc.

Before VOGEL, Circuit Judge, NORDBYE, Chief Judge, and DEVITT, District Judge.


DEVITT, District Judge.

This is an appeal from an order of the Interstate Commerce Commission establishing joint rates for the movement of wheat and wheat products from certain Montana points on the lines of the Great Northern Railway Company to points in Oregon, south of Portland, and to California. Statutory jurisdiction is established.

The issue was raised in 1956 by Preston-Shaffer Milling Company by the filing...

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