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NORTHERN PAC. RY. CO. v. BOARD OF RAILROAD COM'RS

No. 1507.

13 F.Supp. 529 (1935)

NORTHERN PAC. RY. CO. et al. v. BOARD OF RAILROAD COM'RS OF MONTANA et al.

District Court, D. Montana, Helena Division.

December 30, 1935.

Attorney(s) appearing for the Case

Gunn, Rasch, Hall & Gunn, of Helena, Mont., for plaintiffs.

Raymond T. Nagle, Atty. Gen., A. H. Angstman, of Helena, Mont., and John G. Skinner, of Red Lodge, Mont., for defendants.

Before GARRECHT, Circuit Judge, and CUSHMAN and PRAY, District Judges.

PRAY, District Judge.

This is a suit in equity seeking injunctive relief. A restraining order was issued against the defendants. The case was submitted to a statutory court of three judges sitting at Helena. The facts can be briefly stated. On October 5, 1934, the plaintiff railway company applied to the Board of Railroad Commissioners of the state of Montana for authority to discontinue its passenger train service on its branch line extending from Laurel to Red Lodge...

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