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GREAT NORTHERN RAILWAY COMPANY v. THOMPSON

Civ. No. 545.

222 F.Supp. 573 (1963)

GREAT NORTHERN RAILWAY COMPANY, a Minnesota Corporation, Plaintiff, v. Richard J. THOMPSON, Bruce Hagen, and Ben J. Wolf, Commissioners of the North Dakota Public Service Commission, Harold T. Upgren, Director, Motor Carrier Division, North Dakota Public Service Commission, and Ralph Wood, Superintendent, North Dakota State Highway Patrol, Defendants.

United States District Court D. North Dakota, Southwestern Division.

October 21, 1963.

Attorney(s) appearing for the Case

Frank J. Magill, of Nilles, Oehlert & Nilles, Fargo, N. D., and Elmer B. Trousdale, St. Paul, Minn., for plaintiff.

Gerald G. Glaser, Sp. Asst. Atty. Gen., and John Stewart, Asst. Atty. Gen., Bismarck, N. D., for defendants.

Before VOGEL, Circuit Judge, and REGISTER and BECK, District Judges.

REGISTER, District Judge.

This action was brought to enjoin the enforcement by defendants against plaintiff of specific North Dakota statutes requiring certificates of public convenience and necessity of common carriers by motor vehicles engaged in North Dakota intrastate commerce, insofar as the transportation of specific items by plaintiff from its railheads in north central North Dakota to designated ballistic missile sites in that area is concerned. The complaint...

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