UNITED TRANSPORTATION U. v. BURLINGTON NORTHERN, INC.

No. 5-70 Civ. 19.

319 F.Supp. 451 (1970)

UNITED TRANSPORTATION UNION, LOCAL LODGE #693-E AND LOCAL LODGE #77, Plaintiffs, v. BURLINGTON NORTHERN, INC., a corporation, Duluth, Winnipeg and Pacific Railway Company, a corporation, Chicago & North Western Railway Company, a corporation, and the Lake Superior Terminal and Transfer Railway Company, a corporation, Defendants.

United States District Court, D. Minnesota, Fifth Division.

October 9, 1970.


Attorney(s) appearing for the Case

Rerat, Crill, Foley & Boursier, by Pattrick J. Foley, Minneapolis, Minn., for plaintiffs.

James R. Walker, St. Paul, Minn., for defendant Burlington Northern, Inc.

Sullivan, Hanft, Hastings, Fride & O'Brien, by Richard H. Hastings, Duluth, Minn., for defendant Duluth, Winnipeg & Pacific Ry.

Stringer, Donnelly, Allen & Sharood, by Philip Stringer, St. Paul, Minn., Louis T. Duerinck and Robert Schmiege, Chicago, Ill., for defendant Chicago & North Western Ry.

Powell, Gee & Powell, by Robert H. Gee, Superior, Wis., for defendant Lake Superior Terminal & Transfer Ry.


NEVILLE, District Judge.

Plaintiffs' motion for preliminary or temporary injunction presents first the question as to whether three railroads, without objection from the fourth, may effect certain switching and operating changes in the Duluth, Minnesota-Superior, Wisconsin area without prior application to and approval by or obtaining a certificate from the Interstate Commerce Commission under 49 U.S.C. §§ 1...

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