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GREAT NORTHERN RAILWAY COMPANY v. UNITED STATES

No. 4-61-Civ-292.

209 F.Supp. 238 (1962)

GREAT NORTHERN RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants and Hart Motor Express, Inc., Intervening Defendant.

United States District Court D. Minnesota, Fourth Division.

October 3, 1962.

Attorney(s) appearing for the Case

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

Robert W. Ginnane, Gen. Counsel, Washington, D. C., 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.

Donald A. Morken, Minneapolis, Minn., for intervening defendant.

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 granting motor vehicle operating rights to transport general commodities in Montana to Hart Motor Express, Inc., the intervening defendant.1

Statutory jurisdiction is established.

The plaintiff is a northern transcontinental railroad operating generally from St. Paul, Minnesota through Montana, to Seattle and Tacoma, Washington...

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