UNITED STATES v. UNITED STATES

Civ. A. No. 1132-68.

296 F.Supp. 853 (1968)

UNITED STATES of America, Plaintiff, Charles E. Brundage, Bradford F. Story, Samuel C. Williams, Jr., Warren Clark, constituting the Northern Pacific Stockholders' Protective Committee, Board of Railroad Commissioners of the State of Montana, State of Washington, City of Auburn, Public Service Commission of the State of Minnesota, Livingston Anti-Merger Committee, Intervenor-Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Great Northern Railway Company, Northern Pacific Railway Company, Chicago, Burlington & Quincy Railroad Company, Spokane, Portland and Seattle Railway Company, Pacific Coast Railroad Company, Great Northern Pacific & Burlington Lines, Inc., Chicago, Milwaukee, St. Paul & Pacific Railroad Company, 230 Pacific Northwest Shippers, Public Utility Commissioners of Oregon, Intervenor-Defendants.

United States District Court District of Columbia.

Probable Jurisdiction Noted February 24, 1969.


Attorney(s) appearing for the Case

Donald F. Turner, Special Asst. Atty. Gen., for plaintiffs. With him on briefs were Asst. Atty. Gen., Edwin M. Zimmerman, David G. Bress, U. S. Atty., Robert A. Hammond, III, Howard E. Shapiro, B. Barry Grossman, Washington, D. C., and Arthur I. Cantor, Silver Spring, Md.

Robert W. Ginnane, Gen. Counsel, I. C. C., for defendants. With him on briefs were Fritz R. Kahn, Jerome Nelson, Betty Jo Christian, Nahum Litt, and Raymond M. Zimmet, Washington, D. C.

Louis B. Dailey, New York City, for Charles E. Brundage, Bradford F. Story, Samuel C. Williams, Jr., Warren Clark, constituting The Northern Pacific Stockholders' Protective Committee, intervenor-plaintiff. With him on briefs was Harry Tyson Carter, Washington, D. C.

John C. Sheehy, Billings, Mont., for Bd. of Railroad Commissioners of the State of Montana, intervenor-plaintiff. With him on briefs were William T. O'Leary, Helena, Mont., and Marvin J. Sonosky, Washington, D. C.

Patrick McEligot, Asst. Atty. Gen., for State of Washington, intervenor-plaintiff. With him on briefs were John J. O'Connell, Atty. Gen., and Frank P. Hayes, Asst. Atty. Gen.

Joel E. Hoffman, Washington, D. C., for City of Auburn, intervenor-plaintiff. With him on briefs were Robert L. Wald, Washington, D. C., and Alva C. Long, Auburn, Wash.

Valentine B. Deale, Washington, D. C., for Livingston Anti-Merger Committee, intervenor-plaintiff.

Robert E. Sher, Washington, D. C., for Public Service Commission of the State of Minnesota, intervenor-plaintiff. With him on complaint was Richard Musenbrock, Minneapolis, Minn., Special Counsel to the Public Service Commission of State of Minnesota.

D. Robert Thomas, Chicago, Ill., for Great Northern Railway Co., Northern Pacific Railway Co., Chicago, Burlington & Quincy Railroad Co., Spokane, Portland & Seattle Railway Co., Pacific Coast Railroad Co., and Great Northern Pacific & Burlington Lines, Inc., intervenor-defendants. With him on briefs were Ray Garrett, Lee B. McTurnan, Eldon Martin, R. T. Cubbage, Chicago, Ill., Anthony Kane, L. E. Torinus, Jr., Earl F. Requa, Frank S. Farrell, St. Paul, Minn., and Richard J. Flynn, Washington, D. C.

Raymond K. Merrill, Chicago, Ill., for Chicago, Milwaukee, St. Paul & Pacific Railroad Co., intervenor-defendant. With him on briefs were Edwin O. Schiewe, Thomas H. Ploss, Chicago, Ill., and Patrick H. Corcoran, Washington, D. C.

Fred H. Tolan, Seattle, Wash., for 230 Pacific Northwest Shippers, intervenor-defendant. With him on briefs was Alan F. Wohlstetter, Washington, D. C.

Henri F. Rush, Jr., Special Asst. Atty. Gen., of Oregon, for Public Utility Commissioner of Oregon, intervenor-defendant. On briefs were Robert Y. Thornton, Atty. Gen., of Oregon, Richard W. Sabin, Salem, Or., Dale T. Crabtree, Klamath Falls, Ore., and William I. Harkaway, Washington, D. C.

Before BAZELON, Chief Circuit Judge, FAHY, Senior Circuit Judge, and CURRAN, Chief District Judge.


Probable Jurisdiction Noted February 24, 1969. See 89 S.Ct. 874.

OPINION

FAHY, Senior Circuit Judge:

This suit arose on complaint of the United States, acting through the Department of Justice, to enjoin and set aside orders of the Interstate Commerce Commission of November 30, 1967, April 11, 1968, and June 17, 1968.1 The first of these orders approved, with conditions, applications of the railroad companies hereinafter...

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