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CITY OF COLORADO SPRINGS v. UNITED STATES

Civ. A. No. 79-K-905.

481 F.Supp. 1301 (1980)

The CITY OF COLORADO SPRINGS, for itself and on behalf of all shippers of freight by rail between points within the State of Colorado, Plaintiffs, v. The UNITED STATES of America, the Interstate Commerce Commission, the Denver and Rio Grande Western Railroad Company and the Public Utilities Commission of the State of Colorado, Defendants.

United States District Court, D. Colorado.

January 10, 1980.

Attorney(s) appearing for the Case

W. Bruce Kopper, Colorado Springs, Colo., for plaintiffs.

Hugh A. Burns, Robert E. Youle, Dawson, Nagel, Sherman & Howard, Denver, Colo., for Denver & Rio Grande Western Railroad Co.

Mark L. Evans, Gen. Counsel, Christine N. Kohl, Deputy Gen. Counsel, I. C. C., Washington, D. C., William C. Danks, Asst. U. S. Atty., Joseph F. Dolan, U. S. Atty., Denver, Colo., for United States.

Eugene C. Cavaliere, Asst. Atty. Gen., Denver, Colo., for State of Colorado.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

The above-mentioned case which is now before the court upon defendants' motion to dismiss, concerns a shipping rate of fifty cents per ton on coal shipped by the Denver and Rio Grande Western Railroad Company (Rio Grande) from Empire and Empire Junction, Colorado to Craig, Colorado. According to the complaint, on June 14, 1978, Rio Grande caused to be published Supplement No. 384 to Colorado-Utah-Wyoming...

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