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NATIONAL RAILROAD PASSENGER CORPORATION v. MILLER

Civ. A. No. T-5215.

358 F.Supp. 1321 (1973)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. Vern MILLER, Attorney General of the State of Kansas, et al., Defendants.

United States District Court, D. Kansas.

May 17, 1973.

Attorney(s) appearing for the Case

William Clarke, Washington, D. C., Charles N. Henson, of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for plaintiff.

Vern Miller, Atty. Gen., John R. Martin, First Asst. Atty. Gen., Topeka, Kan., John Thomas Reid, County Atty., Newton, Kan., for defendants.

Before HILL, Circuit Judge, and TEMPLAR and THEIS, District Judges.

OPINION

TEMPLAR, District Judge.

Plaintiff commenced this action seeking a permanent injunction to restrain defendants, their agents, servants and employees from enforcing against plaintiff in its operation of trains in interstate commerce the provisions of Kansas Statutes Annotated (K.S.A.) §§ 41-803, 41-407(1) and (2), 41-724, 41-901, and K.S.A.1971 Supp. § 41-2604.1

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