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OREGON-WASHINGTON RAILROAD & NAV. CO. v. UNITED STATES

Civ. No. 71-24.

324 F.Supp. 124 (1971)

OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY and Union Pacific Railroad Company, corporations, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Intervenor-Defendant.

United States District Court, D. Oregon.

February 11, 1971.

Attorney(s) appearing for the Case

James H. Anderson, Omaha, Neb., Howard E. Roos, Randall B. Kester, John F. Weisser, Jr., Portland, Or., for Oregon-Washington Railroad & Navigation Co. and Union Pac. R. Co.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Department of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Portland, Or., for the United States of America.

Fritz R. Kahn, General Counsel, Manny H. Smith, Attorney, Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission.

Souther, Spaulding, Kinsey, Williamson & Schwabe, John L. Schwabe, Rockne Gill, Portland, Or., Raymond K. Merrill, Chicago, Ill., Warren H. Ploeger, Seattle, Wash., for Chicago, Milwaukee, St. Paul and Pacific R. Co.

Before HAMLEY, Circuit Judge, and SOLOMON and BELLONI, District Judges.

OPINION

PER CURIAM:

Plaintiffs, Union Pacific (UP) and its controlled subsidiary Oregon-Washington Railroad & Navigation Company, seek to enjoin orders of the Interstate Commerce Commission (ICC) authorizing the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee) to use 50 miles of trackage between Longview Junction, Washington, and Portland, Oregon. This trackage is now used by several carriers, including the Burlington-Northern (BN...

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