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STATE OF MONTANA v. UNITED STATES

Civ. A. No. 881.

202 F.Supp. 660 (1962)

STATE OF MONTANA, Board of Railroad Commissioners of the State of Montana and Jack Holmes, Paul T. Smith and Louis G. Boedecker, as members of and constituting said Board, Plaintiffs, v. UNITED STATES of America, Defendant, and Great Northern Railway Company, a corporation, and Interstate Commerce Commission, Intervening Defendants.

United States District Court D. Montana, Butte Division.

February 9, 1962.

Attorney(s) appearing for the Case

Wm. P. Mufich, Helena, Mont., for plaintiff.

Newell Gough, Jr., and Edwin T. Booth, Helena, Mont., and H. V. Rhedin, St. Paul, Minn., for defendant and intervenor Great Northern Ry. Co.

Moody Brickett, U. S. Atty., Butte, Mont., and Francis Silver, Washington, D. C., for United States and Interstate Commerce Commission.

R. W. Gabriel, Great Falls, Mont., for City of Great Falls.

L. R. Bretz, Great Falls, Mont., for Cascade County Railroad Employees Ass'n.

Thomas J. Hanrahan, Helena, Mont., for Lewis and Clark County.

Robert J. Holland, Butte, Mont., for Silver Bow County.

Allen LeMieux, Boulder, Mont., for Jefferson County.

William N. Geagan, Butte, Mont., for City of Butte.

Before BROWNING, Circuit Judge, and MURRAY and JAMESON, District Judges.

PER CURIAM.

By the Act of August 12, 1958 (72 Stat. 571, 49 U.S.C. § 13a(2)), Congress has provided that if an agency of a State denies the application of a carrier for authority to discontinue the operation of a train within the State, the carrier may petition the Interstate Commerce Commission for authority to discontinue the operation. The Act provides that the Interstate Commerce Commission may authorize the discontinuance of local train service if it finds...

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