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CHAMBER OF COMMERCE OF FARGO, N. D. v. UNITED STATES

Civ. No. 4250.

276 F.Supp. 301 (1967)

CHAMBER OF COMMERCE OF FARGO, NORTH DAKOTA, Public Service Commission, State of North Dakota, Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission, Defendants, Great Northern Railway Company, Northern Pacific Railway Company, Chicago, Milwaukee, St. Paul & Pacific Railroad Company, and Soo Line Railroad Company, Intervening Defendants.

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

November 8, 1967.

Attorney(s) appearing for the Case

John I. Finsness, Fargo, N. D., for plaintiffs.

John O. Garaas, U. S. Atty., Fargo, N. D., for defendant United States.

Henri F. Rush, Jr., Atty., I.C.C., Washington, D. C., for defendants Interstate Commerce Commission and United States.

Frank J. Magill, of Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, N. D., for all intervening defendants.

Thomas H. Ploss, Gen. Atty., Chicago, M., St. P. & P. R. Co., Chicago, Ill., for intervening defendant Chicago, M., St. P. & P. R. Co.

Charles H. Clay, Gen. Atty., Soo Line R. Co., Minneapolis, Minn., for intervening defendants Soo Line R. Co., Great Northern Ry. Co. and Northern Pac. Ry. Co.

Before BLACKMUN, Circuit Judge, and DEVITT and REGISTER, Chief District Judges.

REGISTER, Chief Judge.

Plaintiffs bring this action under Sections 1336, 1398, 2321, 2322 and 2323 of Title 28, United States Code, which provide, inter alia, for suits to enjoin, set aside, annul and suspend orders of the Interstate Commerce Commission. The matter was heard by this three-judge court, pursuant to Sections 2284 and 2321-2325, Title 28, United States Code.

By their joint complaint filed January 3, 1967, the Plaintiffs seek to enjoin, annul,...

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