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DEPARTMENT OF PUB. SERV. REG., ETC., MONT. v. UNITED STATES

No. 2084.

344 F.Supp. 1386 (1972)

DEPARTMENT OF PUBLIC SERVICE REGULATION, PUBLIC SERVICE COMMISSION, STATE OF MONTANA, Plaintiff, and Frank W. Hazelbaker et al., Intervening Plaintiffs, v. The UNITED STATES of America and The Interstate Commerce Commission, Defendants, and Burlington Northern, Inc., Intervening Defendant.

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

July 5, 1972.

Attorney(s) appearing for the Case

David L. Astle, Atty., Dept. of Public Service Regulation, Helena, Mont., John C. Sheehy, of Hutton, Schiltz & Sheehy, Billings, Mont., for intervening plaintiffs.

Richard H. Streeter, Gen. Counsel, ICC, Washington, D. C., Harold G. Dean, of Corette, Smith & Dean, Butte, Mont., for intervening defendants.

Reginald Ames, St. Paul, Minn., for Burlington Northern.

Before BROWNING, Circuit Judge and MURRAY and EAST, District Judges.

OPINION AND ORDER

PER CURIAM:

On December 1, 1971, the Public Service Commission, State of Montana, instituted this action to annul, set aside and enjoin an order of the Interstate Commerce Commission permitting abandonment by Burlington Northern of its Red Bluff Branch in Montana. The action was commenced, pursuant to 28 U.S.C. § 2322, against the United States and the Interstate Commerce Commission. Burlington Northern Inc., was permitted to intervene...

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