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CHICAGO, B. & Q. R. CO. v. BOARD OF RAILROAD COM'RS

No. 845.

78 F.Supp. 1010 (1947)

CHICAGO, B. & Q. R. CO. v. BOARD OF RAILROAD COM'RS OF MONTANA et al.

District Court, D. Montana, Billings Division.

November 19, 1947.

Attorney(s) appearing for the Case

T. B. Weir, W. L. Clift, E. K. Matson and Newel Gough, all of Helena, Mont., and J. L. Rice, of Denver, Colo., for plaintiff.

R. V. Bottomley, Atty. Gen., Alfred F. Dougherty, Asst. Atty. Gen., and Edwin S. Booth, of Helena, Mont., for Board of Railroad Com'rs.

Melvin N. Hoiness, County Atty., of Billings, Mont., Bert W. Kronmiller, County Atty., of Hardin, Mont., and Phil Greenan, of Great Falls, Mont., for defendants.

Before BONE, Circuit Judge, and PRAY and BROWN, District Judges.

PRAY, District Judge.

This is an action by plaintiff to restrain the defendant, Board of Railroad Commissioners of Montana (hereinafter referred to as the Board), from enforcing an order which would require the plaintiff to restore to service, between Wyola and Billings, Montana, two passenger trains, No. 41 and No. 44, which were ordered discontinued by the Office of Defense Transportation in 1942, and which order was withdrawn in 1945. After a hearing and rehearing...

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