NORTHERN PACIFIC RAILWAY COMPANY v. UNITED STATES

Civ. No. 3-65-7.

241 F.Supp. 816 (1965)

NORTHERN PACIFIC RAILWAY COMPANY, a corporation, Great Northern Railway Company, a corporation, Chicago, Milwaukee, St. Paul & Pacific Railroad Company, a corporation, Sacramento Northern Railway, a corporation, Southern Pacific Company, a corporation, Spokane, Portland & Seattle Railway Company, a corporation, Union Pacific Railroad Company, a corporation, The Western Pacific Railroad Company, a corporation, and Tidewater Southern Railway Company, a corporation, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Stanislaus County, a political subdivision of the State of California, Intervening Defendant.

United States District Court D. Minnesota, Third Division.

May 19, 1965.


Attorney(s) appearing for the Case

John MacDonald Smith, San Francisco, Cal., Frank S. Farrell and C. H. Berg, St. Paul, Minn., for plaintiffs.

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

William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., Miles W. Lord, U. S. Atty., by Sidney P. Abramson, Asst. U. S. Atty., Minneapolis, Minn., for defendant United States of America.

Tom B. Markley, of Markley & Cooke, San Jose, Cal., and Philip J. Bloedel, of Bloedel, Sundberg, Slade, Volstad & Berry, Minneapolis, Minn., for intervening defendant.

Before BLACKMUN, Circuit Judge, and DONOVAN and LARSON, District Judges.


DONOVAN, District Judge.

This civil action to enjoin, set aside and annul an order of the Interstate Commerce Commission dated September 22, 1964, as modified by its order of November 27, 1964,1 came on for hearing before the undersigned statutory court of three judges in courtroom No. 2, St. Paul, Minnesota, at 10 a. m., on April 15, 1965.

Jurisdiction is conferred by Title 28 U.S...

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