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DENVER AND RIO GRANDE WESTERN RAILROAD CO. v. I. C. C.

Civ. A. No. 8046.

229 F.Supp. 249 (1964)

The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants. Union Pacific Railroad Company and Southern Pacific Company, Intervening Defendants.

United States District Court D. Colorado.

April 20, 1964.

Attorney(s) appearing for the Case

T. A. White, Ernest Porter, Denver, Colo., Dennis McCarthy, Salt Lake City, Utah, for plaintiff.

Robert W. Ginnane, Gen. Counsel, Robert S. Burk, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Lawrence M. Henry, U. S. Atty., for the District of Colorado, Denver, Colo., for the United States.

F. J. Melia, William P. Higgins, Omaha, Neb., Frank E. Barnett, Covington Hardee, New York City, E. G. Knowles, Denver, Colo., for Union Pacific Railroad Co., intervening defendant; Clark, Carr & Ellis, Charles D. Peet, G. Clark Cummings, New York City, of counsel.

Alan C. Furth, Robert L. Pierce, San Francisco, Cal., for Southern Pacific Company, intervening defendant.

Before SETH, Circuit Judge, and ARRAJ and DOYLE, District Judges.

SETH, Circuit Judge.

This is an action to set aside and to enjoin enforcement of an order entered by the Interstate Commerce Commission, 317 I.C.C. 469. This order denied plaintiff's petition to modify an earlier order entered in this same docket by the Commission in 1923, 76 I.C.C. 508. Both The Denver and Rio Grande Western Railroad Company, the plaintiff herein, and the Union Pacific Railroad Company, an intervening defendant here, were intervenors

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