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WINSTON BROS. COMPANY v. UNITED STATES

Civ. No. 4-1067.

193 F.Supp. 724 (1961)

WINSTON BROS. COMPANY AND GREEN CONSTRUCTION COMPANY, a Joint Venture, Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission, and Great Northern Railway Company, Defendants.

United States District Court S. D. Iowa, Central Division.

April 20, 1961.

Attorney(s) appearing for the Case

Robert E. Dreher, Des Moines, Iowa, for plaintiff.

Roy W. Meadows, U. S. Atty., Des Moines, Iowa, for defendant, United States.

Leonard G. Goodman, Washington, D. C., for defendant, Interstate Commerce Comm.

Elmer B. Trousdale, St. Paul, Minn., and D. C. Shull, Sioux City, Iowa, for defendant, Great Northern R. Co.

STEPHENSON, District Judge.

This is an action brought under sections 1336, 1398, and 2321-2324 of Title 28 U.S.C. to set aside a report and order of the Interstate Commerce Commission of December 15, 1959, in its Docket No. 32565, titled Winston Bros. Company and Green Construction Company Joint Venture v. Great Northern Railway Company, and to remand plaintiff's request for reparation based upon an alleged unjust and unreasonable intrastate rate to the Commission...

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