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MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 72 C 136(4).

346 F.Supp. 1193 (1972)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Illinois Central Industries, Inc., a Corporation et al., Defendants-Intervenors.

United States District Court, E. D. Missouri, E. D.

As Amended August 15, 1972.

Attorney(s) appearing for the Case

Mark M. Hennelly, Guilfoil, Symington & Petzall, St. Louis, Mo., Leon Leighton, New York City, for plaintiff.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., for United States of America.

Fritz R. Kahn, Gen. Counsel and Geraldine R. Keyes, Atty., Interstate Commerce Commission, Washington, D. C., for I.C.C.

Voorhees & Summers, St. Louis, Mo., Robert Mitten, Howard D. Koontz, and John D. Morrison, Chicago, Ill., James N. Ogden, John W. Adams, Jr., Mobile, Ala., for intervening defendants.

Before MATTHES, Circuit Judge, and WANGELIN and COLLINSON, District Judges.

MATTHES, Circuit Judge.

This is an action by the Missouri Pacific Railroad Co. [MoPac], pursuant to 28 U.S.C. § 1336(a), to set aside the Report and Orders of the Interstate Commerce Commission [ICC] dated December 28, 1971, and March 6, 1972, which authorized the merger of the Illinois Central Railroad Co. [Central] and the Gulf, Mobile and Ohio Railroad Co. [Gulf] into a new railway system, the Illinois Central Gulf Railroad Co. [Central Gulf], to be controlled...

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