ARCHER DANIELS MIDLAND COMPANY and The Pillsbury Company, Plaintiffs,
and
Chicago and North Western Railway Company; Chicago Great Western Railway Company; Chicago, Milwaukee, St. Paul and Pacific Railroad Company; and Chicago, Rock Island and Pacific Railroad Company, Intervening Plaintiffs,
v.
UNITED STATES of America, and the Interstate Commerce Commission, Defendants,
and
Public Service Commission of the State of North Dakota; Chamber of Commerce of Grand Forks, North Dakota; North Dakota Mill and Elevator Association; North Dakota State Wheat Commission; Great Northern Railway Company; Union Pacific Railroad Company; Board of Trade of Kansas City, Missouri; Nebraska Consolidated Mills Company; and General Mills, Inc., Intervening Defendants.
United States District Court D. Minnesota, Fourth Division.https://leagle.com/images/logo.png
July 16, 1969.
July 16, 1969.
Attorney(s) appearing for the Case
Swidler & Belnap, by Harold E. Spencer and Daniel J. Sweeney, Chicago, Ill., and Rider, Bennett, Egan, Johnson & Arundel, by Stuart W. Rider, Jr., Minneapolis, Minn., for plaintiffs.
William F. Cottrell, Chicago, Ill., and Stringer, Donnelly & Sharood, by Philip Stringer, St. Paul, Minn., for intervening plaintiff Chicago and North Western Ry. Co.
Winston, Strawn, Smith & Patterson, by Bryce L. Hamilton, Chicago, Ill., and Stearns & Goetteman, by Harry S. Stearns, St. Paul, Minn., for intervening plaintiff Chicago Great Western Ry. Co.
Thomas H. Ploss, Chicago, Ill., and Rider, Bennett, Egan, Johnson & Arundel, by Stuart W. Rider, Jr., Minneapolis, Minn., for intervening plaintiff Chicago, Milwaukee, St. Paul and Pacific R. R. Co.
Don McDevitt, Chicago, Ill., and Stringer, Donnelly, & Sharood, by Philip Stringer, St. Paul, Minn., for intervening plaintiff Chicago, Rock Island and Pacific R. R. Co.
J. Earl Cudd, Asst. U. S. Atty., for the District of Minnesota, for defendant United States.
Raymond M. Zimmet, Washington, D. C., for defendant Interstate Commerce Commission.
John I. Finsness, Fargo, N. D., for intervening defendants Public Service Commission of the State of North Dakota, Chamber of Commerce of Grand Forks, North Dakota, North Dakota Mill and Elevator Association, North Dakota State Wheat Commission, Board of Trade of Kansas City, Missouri, and Nebraska Consolidated Mills, Co.
Byron D. Olsen and Curtis H. Berg, St. Paul, Minn., for intervening defendant Great Northern Ry. Co.
Howard E. Roos, Omaha, Neb., for intervening defendant Union Pacific R. R. Co.
David C. Priebe, Minneapolis, Minn., for intervening defendant General Mills, Inc.
Before HEANEY, Circuit Judge, and DEVITT and NEVILLE, District Judges.
United States District Court D. Minnesota, Fourth Division.
NEVILLE, District Judge.
Five railroads,1 operating between Omaha, Nebraska, the Twin Cities (Minneapolis and St. Paul, Minnesota area,) and Chicago, Illinois filed and published tariff schedules, permitting what is called "milling-in-transit" privilege at the Twin Cities for wheat shipped on a through rate of 32.5 cents per cwt. from Omaha to Chicago. The transit privilege permits wheat shipped from Omaha2
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