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STATE OF MINNESOTA v. UNITED STATES

No. 3-73-Civ-213.

365 F.Supp. 508 (1973)

STATE OF MINNESOTA, by its Department of Public Service, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, (and) Chicago, Milwaukee, and St. Paul and Pacific Railroad Company, Intervening Defendant.

United States District Court, D. Minnesota, Third Division.

October 3, 1973.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Jonathan H. Morgan, Sol. Gen., and Richard L. Gill, Sp. Asst. Atty. Gen., State of Minnesota, St. Paul, Minn., for plaintiff.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Robert G. Renner, U. S. Atty., Minneapolis, Minn., for defendant United States.

Fritz R. Kahn, Gen. Counsel, and Theodore C. Knappen, Atty., I. C. C., Washington, D. C., for defendant I. C. C.

Stuart W. Rider, Jr., Rider, Bennett, Egan, Johnson & Arundel, Minneapolis, Minn., for intervening defendant Chicago, Milwaukee, St. Paul and Pacific Railroad Co.

Before HEANEY, Circuit Judge, and DEVITT and LORD, District Judges.

MEMORANDUM and ORDER

PER CURIAM.

The single issue in this appeal from an Interstate Commerce Commission order permitting abandonment of a seven-mile stretch of railroad in southern Minnesota is whether the hearing officer committed prejudicial error in denying plaintiff's counsel opportunity to examine notes used by railroad witnesses in testifying. We consider the ruling to be erroneous but not prejudicial and...

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