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CHICAGO, MILWAUKEE, ST. P. & P. R. CO. v. NORTHERN PAC. R. CO.

Civ. A. No. 1761.

120 F.Supp. 710 (1954)

CHICAGO, MILWAUKEE, ST. P. & P. R. CO. v. NORTHERN PAC. R. CO.

United States District Court W. D. Washington, S. D.

February 26, 1954.

Attorney(s) appearing for the Case

B. E. Lutterman, Chas. F. Hanson and Morrel E. Sharp, Seattle, Wash., for plaintiff.

Dean H. Eastman and Roscoe Krier, Seattle, Wash., for defendant.

BOLDT, District Judge.

Plaintiff Chicago, Milwaukee St. Paul and Pacific Railroad Company (hereafter the "Milwaukee") pursuant to 49 U.S. C.A. 1(2) seeks to enjoin defendant Northern Pacific Railroad Company (hereafter the "Northern Pacific") from constructing approximately three miles of tracks with sidings and other subsidiary tracks. The proposed line would extend from a principal branch of the Northern Pacific to a 400-acre tract in the outskirts of the town of...

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