SOO LINE RAILROAD COMPANY v. UNITED STATES

No. 4-67 Civil 318.

280 F.Supp. 907 (1968)

SOO LINE RAILROAD COMPANY, Plaintiff, and Railroad Labor Executives' Association and Brotherhood of Locomotive Engineers, Intervenor-Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Chicago and North Western Railway Company and Chicago Great Western Railway Company, Intervenor-Defendants.

United States District Court D. Minnesota, Fourth Division.

January 30, 1968.


Attorney(s) appearing for the Case

Fordyce W. Crouch, Charles H. Clay, C. Harold Peterson, Robert G. Gehrz, and Lindquist, Magnuson & Glennon, by Edward M. Glennon and Kenneth F. Kirwin, Minneapolis, Minn., for Soo Line Railroad Co.

Vennum, Newhall, Ackman & Goetz, by Thomas Vennum, Minneapolis, Minn., and Mulholland, Hickey & Lyman, by William G. Mahoney, Washington, D. C., for Railway Labor Executives' Association and Brotherhood of Locomotive Engineers.

Donald F. Turner, Asst. Atty. Gen., Patrick J. Foley, U. S. Atty., and John H. D. Wigger, Atty., Dept. of Justice, for the United States; and Robert W. Ginnane, Gen. Counsel, Henri F. Rush, Jr., Atty., and Fritz R. Kahn, Associate Gen. Counsel, for Interstate Commerce Commission.

Richard M. Freeman, Chicago, Ill., Wheeler & Wheeler, by Edward K. Wheeler and Robert G. Seaks, Washington, D. C., and Stringer, Donnelly & Sharood, by Philip Stringer, St. Paul, Minn., for Chicago and North Western Railway Co.

Winston, Strawn, Smith & Patterson, by Edmund J. Kenny, Chicago, Ill., and Stearns & Goetteman, by Harry S. Stearns, Jr., St. Paul, Minn., for Chicago Great Western R. Co.

Before HEANEY, Circuit Judge and DEVITT, Chief Judge and LARSON, District Judge.


OPINION

HEANEY, Circuit Judge:

This is an action by the Soo Line Railroad Company (Soo), the Railway Labor Executives' Association, and the Brotherhood of Locomotive Engineers pursuant to 28 U.S.C. § 2325 (1964) to enjoin the merger of the Chicago and North Western (NW) and the Chicago Great Western (GW) Railway Companies. See generally, 28 U.S.C. §§ 2284, 2324 (1964). The merger has been approved...

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