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CANADIAN PACIFIC RAILWAY COMPANY v. UNITED STATES

No. 4-57-Civ.-26.

158 F.Supp. 248 (1958)

CANADIAN PACIFIC RAILWAY COMPANY, Minneapolis, St. Paul & Sault Ste. Marie Railroad Company and Northern Pacific Railway Company, Plaintiffs, Great Northern Railway Company, Intervening Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Union Pacific Railroad Company, Intervening Defendant.

United States District Court D. Minnesota, Fourth Division.

January 16, 1958.

Attorney(s) appearing for the Case

Ross L. Thorfinnson, Minneapolis, Minn., for Soo Line & Canadian Pacific Ry. Co.

B. Franklin Taylor, Washington, D. C., for ICC.

W. Louise Florencourt, Washington, D. C., for U. S.

Earl F. Requa, St. Paul, Minn., for Northern Pacific Ry. Co.

R. Paul Tjossem, Seattle, Wash., for Great Northern Ry. Co.

F. J. Melia, Omaha, Neb., for Union Pacific R. R. Co.

Before SANBORN, Circuit Judge, NORDBYE, Chief Judge, and DEVITT, District Judge.

DEVITT, District Judge.

This is an appeal from an order of the Interstate Commerce Commission approving the acquisition of control of the Spokane International Railroad by the Union Pacific Railroad Company under Section 5(2) of the Interstate Commerce Act (49 U.S.C.A. § 5(2)). The plan approved by the Commission called for an exchange of not less than 80% of Spokane International's outstanding capital stock for common stock of the Union Pacific.

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