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WICHITA BOARD OF TRADE v. UNITED STATES

Civ. A. No. W-4730.

352 F.Supp. 365 (1972)

The WICHITA BOARD OF TRADE et al., Plaintiffs, v. The UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Kansas.

May 26, 1972.

Attorney(s) appearing for the Case

Glaves & Weil, Jack Glaves, Wichita, Kan., Belnap, McCarthy, Spencer, Sweeney & Harkaway, Harold E. Spencer, Daniel J. Sweeney, Chicago, Ill., for plaintiffs.

Robert J. Roth, U. S. Atty., Richard Oxandale, Asst. U. S. Atty., Wichita, Kan., for the United States and I.C.C.

Charles W. Bucy, Asst. Gen. Counsel, Kenneth H. Vail, Atty., U. S. Dept. of Agriculture, Washington, D. C., for defendants.

Fritz R. Kahn, Gen. Counsel, Hanford O'Hara, Atty., Washington, D. C., for I.C.C.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Charles W. Harris, of Weigand, Curfman, Brainerd, Harris & Kaufman, Wichita, Kan., for intervenors Atchison, Topeka & Santa Fe Railway Co. and others.

William F. Cottrell and Christopher A. Mills, Chicago, Ill., for intervenor railroads.

BARRETT, Circuit Judge, and THEIS and O'CONNOR, District Judges.

OPINION OF THE COURT

PER CURIAM.

This is an action to enjoin, annul, set aside, and suspend orders of the Interstate Commerce Commission entered by the Commission, Division 2, on April 16, 1971, and by the Commission en banc on September 21, 1971, in proceedings entitled Investigation and Suspension Docket No. 8548, Inspection in Transit, Grain and Grain Products, reported at 339 I. C.C. 364 and 340 I.C.C. 69 respectively. A three-judge court was convened...

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