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BURLINGTON NORTHERN, INC. v. STATE OF N. D.

Civ. No. A78-2035.

460 F.Supp. 140 (1978)

BURLINGTON NORTHERN, INC., Plaintiff, v. STATE OF NORTH DAKOTA, d/b/a North Dakota Mill and Elevator Association, Defendant.

United States District Court, D. North Dakota, Northeastern Division.

November 13, 1978.

Attorney(s) appearing for the Case

Louis A. Harris, Shirley A. Brantingham, St. Paul, Minn., for plaintiff; Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., of counsel.

Robert A. Alphson, Grand Forks, N. D., for defendant.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

The above-entitled action was commenced in this court by plaintiff, a common carrier, to recover for rail freight undercharges pursuant to § 6(7) of the Interstate Commerce Act of 1887, 49 U.S.C. § 6(7). Defendant has moved to dismiss the complaint on the grounds it fails to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), and that this court lacks jurisdiction over the subject matter...

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