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GREAT NORTHERN RAILWAY COMPANY v. UNITED STATES

No. 46-61-Civ.-291.

209 F.Supp. 234 (1962)

GREAT NORTHERN RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Consolidated Freightways Corporation of Delaware, United-Buckingham Freight Lines, and Hart Motor Express, Inc., Intervening Defendants.

United States District Court D. Minnesota, Fourth Division.

October 3, 1962.

Attorney(s) appearing for the Case

Robert W. Cronon, St. Paul, Minn., and Edwin S. Booth, Helena, Mont., for plaintiff Great Northern Ry.

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

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Miles W. Lord, U. S. Atty., Minneapolis, Minn., for defendant United States.

Jerome Anderson, Billings, Mont., and Donald A. Morken, Minneapolis, Minn., for intervening defendants.

Before BLACKMUN, Circuit Judge, and DEVITT and LARSON, District Judges.

DEVITT, District Judge.

This is an appeal from an Order of the Interstate Commerce Commission denying the application of the plaintiff for alternate route authority to transport general commodities between certain points in Montana.1

Statutory jurisdiction is established.

The plaintiff is a northern transcontinental railroad operating generally from St. Paul, Minnesota through Montana, to Seattle and Tacoma, Washington...

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