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STATE OF KAN. EX REL. STEPHAN v. ADAMS

No. 81-1648.

705 F.2d 1267 (1983)

The STATE OF KANSAS, ex rel., Robert T. STEPHAN, Attorney General and The Metropolitan Government of Nashville and Davidson County, Tennessee, and The State of Minnesota, by its Attorney General Warren Spannaus, Plaintiffs-Appellees, v. Brock ADAMS, As Secretary of the Department of Transportation; John M. Sullivan, as Administrator of the Federal Railroad Administration; and the National Railroad Passenger Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 18, 1983.

Attorney(s) appearing for the Case

T.L. Green, Sp. Asst. Atty. Gen., State of Kan., Topeka, Kan. (Robert T. Stephan, Atty. Gen. of Kan., Topeka, Kan., and Warren Spannaus, Atty. Gen. of Minn. and Gilbert S. Buffington, Sp. Asst. Atty. Gen., State of Minn., St. Paul, Minn., with him on briefs), and John L. Kennedy, The Metropolitan Government of Nashville and Davidson County, Tenn., Nashville, Tenn., for plaintiffs-appellees.

Roderick C. Dennehy, Jr., Washington, D.C. (Victor D. Ryerson, Washington, D.C., with him on briefs), for defendants-appellants.

Before SETH, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Kansas which denied the motion of the defendants-appellants to impose upon the plaintiffs-appellees expenses incurred growing out of the issuance by the court at their behest of temporary orders which required the defendants to continue certain passenger trains in operation.

The action was filed in the first instance by the plaintiffs-appellees...

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