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PUBLIC SERVICE COMMISSION OF UTAH v. UNITED STATES

Civ. A. No. C-8-56.

146 F.Supp. 803 (1956)

PUBLIC SERVICE COMMISSION OF UTAH and Utah Citizens Rate Association, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants; and Union Pacific Railroad Company, The Denver and Rio Grande Western Railroad Company, Southern Pacific Company, The Western Pacific Railroad Company, Bamberger Railroad Company, The Ogden Union Railway and Depot Company, Salt Lake-Garfield and Western Railroad Company, Tooele Valley Railway Company, and Utah Railway Company, Intervenors.

United States District Court D. Utah, Central Division.

May 25, 1956.

Attorney(s) appearing for the Case

E. R. Collister, Atty. Gen., Raymond W. Gee, Deputy Atty. Gen., Keith E. Sohm, Commerce Atty., Salt Lake City, Utah, for plaintiff Public Service Commission.

Calvin L. Rampton, Salt Lake City, Utah, for plaintiff Utah Citizens Rate Ass'n.

Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday, E. Riggs McConnell, Attys. Dept. of Justice, Washington, D. C., and A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, for defendant United States.

Robert W. Ginnane, Gen. Counsel, Charlie H. Johns, Asst. Counsel, I. C. C., Washington, D. C., and George W. Howard, Salt Lake City, Utah, for defendant Interstate Commerce Commission.

Bryan P. Leverich, S. N. Cornwall, A. H. Nebeker, Peter W. Billings, John H. Snow, A. S. Frederickson, and J. E. Morgan, Salt Lake City, Utah, for intervening defendants.

Before PICKETT Circuit Judge, RITTER, Chief Judge, and CHRISTENSON, District Judge.

PICKETT, Circuit Judge.

The Public Service Commission of the State of Utah and the Utah Citizens Rate Association brought this action to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission granting an increase of intrastate freight rates in Utah in a proceeding under § 13(3) and (4) of the Interstate Commerce Act. 49 U.S.C.A. § 13(3), (4).1 The Class I railroads

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