SOUTHERN PACIFIC COMPANY and Union Pacific Railroad Company, Plaintiffs,
v.
The UNITED STATES of America and the Interstate Commerce Commission, Defendants.
United States District Court D. Nebraska.https://leagle.com/images/logo.png
December 6, 1967.
December 6, 1967.
Attorney(s) appearing for the Case
Raymond E. McGrath, Omaha, Neb., Alan C. Furth and Robert L. Pierce, San Francisco, Cal., for plaintiff Southern Pacific.
G. Clark Cummings, New York City, William P. Higgins, Omaha, Neb., for plaintiff Union Pacific.
David F. Turner, John H. D. Wigger, Larry Meyer, Dept. of Justice, Washington, D. C., Theodore L. Richling, U. S. Atty., Omaha, Neb., for defendant the United States.
Robert W. Ginnane, Fritz Kahn, Betty Jo Christian, Washington, D. C., for defendant Interstate Commerce Commission.
Dennis McCarthy, Salt Lake City, Utah, Ernest Porter, Denver, Colo., Donald R. Ross, Omaha, Neb., for defendant intervener Denver & Rio Grande.
E. Barrett Prettyman, Washington, D. C., Yale C. Holland, Omaha, Neb., for defendant intervener Western Pacific.
Before LAY, Circuit Judge, and ROBINSON and VAN PELT, District Judges.
United States District Court D. Nebraska.
LAY, Circuit Judge.
Plaintiffs, Southern Pacific and Union Pacific seek equitable relief to enjoin the Interstate Commerce Commission from enforcement of a supplemental order, dated January 6, 1966, modifying the Commission's order of February 6, 1923, entitled Control of Central Pacific by Southern Pacific, Finance Docket No. 2613.
While the one general issue before us is the legality of the preferential routing...
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