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HUMPHREYS v. UNITED STATES

No. 42052.

228 F.Supp. 910 (1964)

Lloyd Owen HUMPHREYS, individually and as an officer of the South Los Altos Citizens Committee for the Preservation of Public Transportation, Herman L. Solomon, individually and as an officer of the Woodland Acres Association of Los Altos, Santa Clara County, Claire Bertolone, individually and as an officer of the Branch Line Commuters Association of Santa Clara County, Robert Orrick, individually and as an officer of the Citizens Committee for Public Transportation of Santa Clara County, Santa Clara and San Benito Counties Building and Construction Trades Council, an unincorporated association, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Southern Pacific Company, County of Santa Clara, City of Los Altos, Intervening Defendants.

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

May 1, 1964.

Attorney(s) appearing for the Case

Neyhart & Grodin, by Martin J. Rosen, San Francisco, Cal., for plaintiffs.

Robert B. Hummel, Antitrust Div., Dept. of Justice, Washington, D. C., for United States.

Leonard S. Goodman, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Charles W. Burkett, Robert L. Pierce, by Randolph Karr, San Francisco, Cal., for intervenor Southern Pacific Co.

Spencer M. Williams, County Counsel, by Gerald J. Thompson, Deputy County Counsel, San Jose, Cal., for intervening defendant County of Santa Clara.

Anthony A. Lagorio, Los Altos, Cal., for intervening defendant City of Los Altos.

Before HAMLIN, Circuit Judge, and HARRIS and WEIGEL, District Judges.

PER CURIAM.

After proceedings duly had, pursuant to Section 1(18)-(20) of the Interstate Commerce Act, 49 U.S.C.A. § 1 (18)-(20), the Interstate Commerce Commission made and filed its report and order approving in effect the abandonment by Southern Pacific Company of a portion of the Vasona Branch of its railroad, situated in Santa Clara County, California.

Several commuter associations and individuals who appeared in opposition to the abandonment proceedings...

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