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NORTH WESTERN-HANNA FUEL CO. v. UNITED STATES

Civ. A. No. 5815.

161 F.Supp. 714 (1957)

NORTH WESTERN-HANNA FUEL CO., Berwind Fuel Company, Carnegie Dock and Fuel Company, Inland Coal & Dock Company, Division of the North American Coal & Dock Company, Plaintiffs, and Diamond Match Company, Intervening Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission, and Railroad and Warehouse Commission of the State of Minnesota, Defendants, and Canadian National Railway Company, Chicago and North Western Railway Company, Chicago, Burlington & Quincy Railroad Company, Chicago Great Western Railway Company, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Chicago, Rock Island and Pacific Railroad Company, Chicago, St. Paul, Minneapolis and Omaha Railway Company, Duluth & Northeastern Railroad Company, Duluth, Missabe and Iron Range Railway Company, Duluth, Winnipeg and Pacific Railway Company, Great Northern Railway Company, Illinois Central Railroad Company, Minneapolis & St. Louis Railway Company, Minneapolis, Anoka and Cuyuna Range Railroad Company, Minneapolis, Northfield and Southern Railway, Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, Minnesota, Dakota & Western Railway Company, Minnesota Western Railway Company, Northern Pacific Railway Company, Intervening Defendants.

United States District Court D. Minnesota, Fourth Division.

December 26, 1957.

Attorney(s) appearing for the Case

Leonard E. Lindquist, Minneapolis, Minn., and John F. Donelan, Washington, D. C. (Larson, Loevinger, Lindquist, Freeman & Fraser, Minneapolis, Minn., of counsel), for plaintiffs.

Louise A. Herou, Minneapolis, Minn. (Larson, Loevinger, Lindquist, Freeman & Fraser, Minneapolis, Minn., of counsel), for intervening plaintiff.

Victor R. Hansen, Asst. Atty. Gen., and James E. Kilday and Robert S. Burk, Attys., Department of Justice, Washington, D. C., and George E. MacKinnon, U. S. Atty., St. Paul, Minn., for the United States.

Robert W. Ginnane, Gen. Counsel, and Samuel R. Howell, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

G. F. Bennet, L. C. Corcoran, Ross L. Thorfinnson and Charles H. Clay, Minneapolis, Minn., F. B. Stevens, Duluth, Minn., and Warren H. Ploeger, Frank S. Farrell, L. E. Torinus and Curtis H. Berg, St. Paul, Minn., for intervening defendants.

Before SANBORN, Circuit Judge, and NORDBYE and BELL, District Judges.

December 26, 1957. Judgment affirmed. See 78 S.Ct. 993.

PER CURIAM.

This is an action to enjoin compliance with a determination of the Interstate Commerce Commission (hereafter called the Commission) made on April 23, 1957, in Docket No. 31798, entitled Minnesota Intrastate Freight Rates and Charges, together with an order of the Minnesota Railroad and Warehouse Commission entered May 20, 1957, in its Docket No. A-7138-3, which gave effect to the Commission...

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