McCARTY FARMS, INC., Alan Larson, Dale Skaalure, Viggo Anderson, Rasmussen Farming Corporation, et al., Plaintiffs,
v.
BURLINGTON NORTHERN, INC., a corporation, Defendant.
United States District Court, D. Montana, Great Falls Division.https://leagle.com/images/logo.png
March 24, 1992.
March 24, 1992.
Attorney(s) appearing for the Case
Michael J. Ogborn, Murray Ogborn, Harding & Ogborn, Denver, Colo., Stephen D. Bell, Dorsey & Whitney, Billings, Mont., John W. Manning, Dorsey & Whitney, Great Falls, Mont., for plaintiffs.
Douglas J. Babb, Burlington No. R. Co., Fort Worth, Tex., Charles Dearden, Burlington Northern Law Offices, Bruce R. Toole, Crowley, Haughey, Hanson, Toole & Deitrich, Billings, Mont., Betty Jo Christian, Samuel M. Sipe, Jr., Janice Barber, Steptoe & Johnson, Washington, D.C., for defendant.
Thodore Hirt, W. Scott Simpson, Dept. of Justice, Civil Div., Federal Programs Branch, Washington, D.C., for defendants/intervenors ICC & USA.
United States District Court, D. Montana, Great Falls Division.
MEMORANDUM AND ORDER
HATFIELD, Chief Judge.
The present action is a class action prosecuted pursuant to section 10701(a) of Title 49 of the United States Code and former section 1(5) of the Interstate Commerce Act (49 U.S.C. § 1(5)). The class which the plaintiffs represent consists of all persons, partnerships or entities who, during the two-year period from September 12, 1978, to September 12, 1980, "grew...
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