CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC R. CO. v. UNITED STATES

Civ. A. No. 60-C-76.

214 F.Supp. 244 (1963)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY and Lake Superior and Ishpeming Railroad, Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, Chicago and North Western Railway Company and Duluth, South Shore and Atlantic Railroad Company, Intervening Defendants.

United States District Court E. D. Wisconsin.

March 4, 1963.


Attorney(s) appearing for the Case

R. K. Merrill, Joseph J. Nagle, and Frank M. Long, Chicago, Ill., Rodger S. Trump and Richardson R. Robinson, Milwaukee, Wis., for plaintiff, Chicago, Milwaukee, St. Paul and Pacific R. Co.

Philip H. Porter, Madison, Wis., Bernard H. Davidson, Ishpeming, Mich., for plaintiff, Lake Superior and Ishpeming Railroad.

Lee Loevinger, Asst. Atty. Gen., and Patrick M. Ryan, Attorney, Department of Justice, Washington, D. C., James B. Brennan, U. S. Atty., and Philip L. Padden, Asst. U. S. Atty., Eastern District of Wisconsin, Milwaukee, Wis., for defendant, the United States.

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

Carl McGowan, Fred O. Steadry, Edgar Vanneman, Jr., and Charles H. Dickman, Chicago, Ill., Edward H. Borgelt and Roger S. Bessey, Milwaukee, Wis., for intervening defendant, Chicago and North Western Railway Company.

Thomas M. Beckley, Minneapolis, Minn., Reginald W. Nelson, Milwaukee, Wis., for intervening defendant, Duluth, South Shore and Atlantic Railroad Co.

Before DUFFY, Circuit Judge, TEHAN, Chief Judge, and GRUBB, District Judge.


GRUBB, District Judge.

This action is brought by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (hereinafter referred to as the "Milwaukee Road") and the Lake Superior & Ishpeming Railroad Company (hereinafter referred to as the "Ishpeming") to set aside and permanently enjoin certain orders of the Interstate Commerce Commission (hereinafter referred to as the "Commission").

On October 21, 1957, plaintiffs, the Milwaukee Road and Ishpeming...

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