STANISLAUS COUNTY, CALIFORNIA v. UNITED STATES

Civ. No. 7834.

193 F.Supp. 145 (1960)

STANISLAUS COUNTY, a political subdivision of the State of CALIFORNIA, and Stanislaus County Chamber of Commerce, a non-profit organization, Plaintiffs, v. UNITED STATES of America, a sovereign body politic, and The Interstate Commerce Commission, Defendants, and The Atchison, Topeka and Santa Fe Railway Company et al., Intervening Defendants.

United States District Court N. D. California, N. D.

December 12, 1960.


Attorney(s) appearing for the Case

Tom B. Markley, San Francisco, Cal., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and John H. D. Wigger, Dept. of Justice, Washington, D. C., Lynn J. Gillard, U. S. Atty., and Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for defendant United States.

Robert W. Ginnane, Gen. Counsel, and Arthur J. Cerra, Asst. Gen. Counsel, I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

Charles W. Burkett, Jr., John MacDonald Smith, San Francisco, Cal., Edward M. Reidy, Washington, D. C., for intervening defendants.

Before MERRILL, Circuit Judge, and HALBERT and BURKE, District Judges.


PER CURIAM.

This three-judge Court was convened in accordance with Title 28 U.S.C. § 2284 and § 2325, to hear and determine this action, in which plaintiffs seek to have an order of the defendant Interstate Commerce Commission (hereafter in this memorandum referred to as the ICC) annulled and set aside. Jurisdiction is conferred upon this Court by Title 28 U.S.C. § 1336.

Plaintiffs filed a complaint...

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