BURLINGTON NORTHERN R. CO. v. LENNEN

Nos. 82-1561, 82-1562.

573 F.Supp. 1155 (1982)

BURLINGTON NORTHERN RAILROAD COMPANY, et al., Plaintiffs, v. C. Michael LENNEN, et al., Defendants. The ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., et al., Plaintiffs, v. C. Michael LENNEN, et al., Defendants.

United States District Court, D. Kansas.

Supplemental Opinion December 9, 1982.


Attorney(s) appearing for the Case

Chester A. Arterburn, Jr., Sabatini, Waggener, Vincent & Arterburn, Topeka, Kan., for Union Pacific Railroad.

Clayton M. Davis, Mark L. Bennett, Jr., Davis & Bennett, Topeka, Kan., for Missouri-Kansas-Texas Railroad.

Everett B. Gibson, James W. McBride, Laughlin, Hallie, Clark, Gibson & McBride, Washington, D.C., for Burlington Northern Railroad and Missouri Pacific Railroad.

J.B. Reeves, Laurence E. Garrett, Topeka, Kan., for Atchison, Topeka & Santa Fe.

Mark L. Bennett, Jr., Davis & Bennett, Topeka, Kan., for Chicago, Rock Island & Pacific and St. Louis and Southwestern Railway.

Robert C. Foulston, Jay F. Fowler, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for Chicago and North Western, Kansas City Terminal and Missouri-Kansas-Texas Railroad.

Carol B. Bonebrake, Kansas Dept. of Revenue, Topeka, Kan., and James J. McGannon, Regan & McGannon, Wichita, Kan., for defendants.

Robert J. O'Connor, Hershberger, Patterson, Jones & Roth, Wichita, Kan., Donald J. Horttor, Grant M. Glenn, Cosgrove, Webb & Oman, Topeka, Kan., for intervening counties.


ORDER

ROGERS, District Judge.

The above-mentioned cases are more in a series of lawsuits brought by the railroads operating in the State of Kansas alleging that the defendants are violating Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (the 4-R Act), now codified at 49 U.S.C. § 11503. These cases are presently before the court upon the plaintiffs' motions for preliminary injunction.

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