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GREAT NORTHERN RAILWAY COMPANY v. UNITED STATES

No. 4-61-Civ.-290.

209 F.Supp. 230 (1962)

GREAT NORTHERN RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Consolidated Freightways Corporation of Delaware, Garrett Freightlines, Inc., Hart Motor Express, Inc., and United-Buckingham Freight Lines, Intervening Defendants.

United States District Court D. Minnesota, Fourth Division.

October 3, 1962.

Attorney(s) appearing for the Case

Robert W. Cronon, St, Paul, Minn., and Edwin S. Booth, Helena, Mont., for plaintiff Great Northern Ry.

Robert W. Ginnane, Gen. Counsel, and Francis A. Silver, Associate Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Miles W. Lord, U. S. Atty., Minneapolis, Minn., for defendant United States.

Jerome Anderson, Billings, Mont., and Donald A. Morken, Minneapolis, Minn., for intervening defendants.

Donald A. Morken, Minneapolis, Minn., Peter T. Beardsley and William J. O'Brien, Jr., Washington, D. C., for American Trucking Assn., Inc.

Before BLACKMUN, Circuit Judge, and DEVITT and LARSON, District Judges.

DEVITT, District Judge.

This is an appeal from an order of the Interstate Commerce Commission denying the application of the plaintiff to remove certain restrictions from its previously granted certificates of public convenience and necessity to transport general commodities between certain points in Montana and between Williston, North Dakota and certain points in Montana.

Statutory jurisdiction is established.

The plaintiff is a northern transcontinental...

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