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KANSAS CITY SOUTHERN RAILWAY COMPANY v. UNITED STATES

Civ. No. 15159-3.

288 F.Supp. 742 (1968)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, Louisiana & Arkansas Railway Company, the Arkansas Western Railway Company, and Fort Smith and Van Buren Railway Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, The Texas and Pacific Railway Company, Missouri Pacific Railroad Company, and the Atchison, Topeka and Santa Fe Railway Company, Intervenors.

United States District Court W. D. Missouri, W. D.

July 29, 1968.

Attorney(s) appearing for the Case

William E. Davis, Robert E. Zimmerman, R. W. Spachman, Fred R. Birkholz, Kansas City, Mo., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Justice Dept., and F. Russell Millin, U. S. Atty., Kansas City, Mo., for defendant United States.

Robert W. Ginnane and Raymond M. Zimmet, Washington, D. C., for defendant Interstate Commerce Commission.

Mark M. Hennelly, Wm. McDowell, Jr., and Gilbert P. Strelinger, St. Louis, Mo., Johnson, Lucas, Bush & Snapp, Kansas City, Mo., for intervenors The Texas & P. Ry. Co. and Missouri Pac. Ry. Co.

S. R. Brittingham, Jr., Harvey Huston and Starr Thomas, Chicago, Ill., Sam D. Parker and Lathrop, Righter, Gordon & Parker, Kansas City, Mo., for intervenor The Atchison, T. & S. F. Ry. Co.

Before GIBSON, Circuit Judge, OLIVER, District Judge, and DUNCAN, Senior District Judge.

MEMORANDUM OPINION AND ORDER AFFIRMING FINDINGS OF INTERSTATE COMMERCE COMMISSION

DUNCAN, Senior District Judge.

This is an action under 5 U.S.C. § 1009, 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325 and 49 U.S.C. § 17(9) to review, enjoin, annul, set aside and suspend a report and order of the Interstate Commerce Commission (called the "Commission" herein).

The Complaint requests, in addition to a permanent injunction, a restraining...

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