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STATE OF MINN., BY SPANNAUS v. O'NEAL

No. 3-78 Civ. 311.

472 F.Supp. 905 (1979)

STATE OF MINNESOTA, BY its Attorney General, Warren SPANNAUS, Plaintiff, v. A. Daniel O'NEAL, Chairman, Interstate Commerce Commission, Betty Jo Christian, Vice Chairman, Interstate Commerce Commission, Virginia Mae Brown, Rupert Murphy, George M. Stafford, Robert C. Gresham, Charles L. Clapp, Members, Interstate Commerce Commission, Nancy L. Wilson, Acting Secretary, Interstate Commerce Commission, the Interstate Commerce Commission, an agency of the Government of the United States of America, and The United States of America, Defendants.

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

January 11, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., State of Minnesota, by Frederick S. Suhler, Jr., Special Asst. Atty. Gen., St. Paul, Minn., for plaintiff.

Andrew W. Danielson, U. S. Atty., by Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., for defendant the United States of America.

Ellen K. Schall, Washington, D.C. for defendant Interstate Commerce Commission and its members.

MEMORANDUM ORDER

ALSOP, District Judge.

The above-entitled matter came on for hearing before the court on December 15, 1978 upon the defendants' motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of jurisdiction over the subject matter. In its complaint, plaintiff seeks to permanently enjoin the defendants from initiating further proceedings in certain matters pending before the Interstate Commerce Commission (hereinafter Commission...

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