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UNION PACIFIC RAILROAD COMPANY v. WOODAHL

Civ. No. 810.

308 F.Supp. 1002 (1970)

UNION PACIFIC RAILROAD COMPANY; Chicago, Milwaukee, St. Paul and Pacific Railroad Company; Chicago, Burlington & Quincy Railroad Company; Great Northern Railway Company; and Northern Pacific Railway Company, Plaintiffs, v. Bob WOODAHL, Attorney General of the State of Montana; John L. Adams, Jr., as County Attorney of Yellowstone County, Montana, and as Class Representative on behalf of each and every County Attorney in the State of Montana, Defendants.

United States District Court, D. Montana, Billings Division.

February 10, 1970.

Attorney(s) appearing for the Case

Cale Crowley, Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for plaintiffs.

Robert L. Woodahl, Atty. Gen. of Montana, Helena, Mont., and Charles C. Lovell, Asst. Atty. Gen., Great Falls, for defendants.

OPINION AND ORDER

BATTIN, District Judge.

In this action under the Declaratory Judgment Act, 28 U.S.C. Section 2201, plaintiff railroad companies seek a judgment declaring certain Montana statutes unconstitutional under the Supremacy Clause of the United States Constitution.1 Plaintiffs also seek to have defendants enjoined from prosecuting any actions pursuant to the Montana statutes...

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