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ANN ARBOR R. CO. v. MICHIGAN PUBLIC SERVICE COM'N

Civ. A. No. 9198.

91 F.Supp. 668 (1950)

ANN ARBOR R. CO. v. MICHIGAN PUBLIC SERVICE COMMISSION et al.

United States District Court E. D. Michigan, S. D.

July 6, 1950.

Attorney(s) appearing for the Case

Gustavus Ohlinger, and Ohlinger, Koles, Wolf & Flues, Toledo, Ohio, Louis E. Burke, and Talbot Smith, Ann Arbor, Mich., for plaintiff.

Stephen J. Roth, Attorney General, Archie C. Fraser, Assistant Attorney General, Albert J. Thorburn, Special Assistant Attorney General, for defendants.

Before SIMONS, Circuit Judge, and LEVIN and THORNTON, District Judges.

LEVIN, District Judge.

This three-judge court is convened under the authority of Title 28, U.S.C.A. § 2281, on plaintiff's application for an interlocutory injunction enjoining the Michigan Public Service Commission and others from enforcing its order that plaintiff operate one passenger train daily in each direction between Durand and Frankfort, Michigan.

Plaintiff alleges that enforcement of the order will result in an unconstitutional deprivation of...

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