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KANSAS CITY SOUTHERN RAILWAY CO. v. UNITED STATES

Civ. A. No. 20177-2.

346 F.Supp. 1211 (1972)

The KANSAS CITY SOUTHERN RAILWAY COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Illinois Central Industries, Inc., et al., Defendants-Intervenors.

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

August 9, 1972.

Attorney(s) appearing for the Case

Robert E. Zimmerman, Gen. Counsel, Phillip S. Brown, Asst. Gen. Counsel, and Robert K. Dreiling, Kansas City Southern Lines, Kansas City, Mo., and J. Raymond Clark, Emphraim & Clark, Washington, D. C., for plaintiffs.

Bert C. Hurn, U. S. Atty. W. D. Mo., John H. D. Wigger, Dept. of Justice, Fritz R. Kahn, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

Morrison, Hecker, Cozad, Morrison & Curtis, Robert L. Hecker and William H. Curtis, Kansas City, Mo., Robert Mitten, Howard D. Koontz, John D. Morrison, Illinois Central Railroad Co., Chicago, Ill., James N. Odgen and John W. Adams, Mobile, Ala., for defendants-interveners.

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

COLLINSON, District Judge.

This is an action brought under the provisions of Sections 2321-2325 of Title 28 of the United States Code to suspend, enjoin, annul and set aside an order of the Interstate Commerce Commission which approved a merger of the Illinois Central and Gulf, Mobile and Ohio railroads. The Commission's report and orders are reported in Illinois Cent. Gulf R.-Acquisition-GM&O, et al., 388 I.C.C. 805.1

Plaintiffs...

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