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BURLINGTON NORTHERN v. DEPARTMENT OF PUBLIC SERVICE

No. 45914.

240 N.W.2d 554 (1976)

BURLINGTON NORTHERN, INC., Petitioner, v. DEPARTMENT OF PUBLIC SERVICE, State of Minnesota, et al., Respondents.

Supreme Court of Minnesota.

March 26, 1976.

Attorney(s) appearing for the Case

Barry McGrath, Curtis H. Berg, William R. Power and Richard M. Gleason, St. Paul, for petitioner.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Jerome L. Getz, Richard S. Slowes and Rod Wilson, Sp. Asst. Attys. Gen., St. Paul, for respondents.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, KELLY, TODD and YETKA, JJ., and considered and decided by the court en banc.

PER CURIAM.

Burlington Northern, Inc. (BN) seeks a writ of prohibition to prevent the Public Service Commission of the State of Minnesota (PSC) from conducting a hearing as to the restoration of daily freight service on a branch line located entirely within Minnesota. BN contends that the PSC has no jurisdiction and that the Interstate Commerce Commission of the United States (ICC) has sole jurisdiction of this issue. The writ shall issue.

Procedurally, this...

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