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MOELLER v. INTERSTATE COMMERCE COMMISSION

Civ. No. 4-1166.

201 F.Supp. 583 (1962)

John MOELLER, Alan Bilstad, Alvin Sorensen, dba Lehigh Grain Company; Lehigh Sewer Pipe And Tile Company, Inc.; Lehigh Lumber Company, Inc.; The Incorporated Town of Lehigh, Iowa; and The Iowa State Commerce Commission, Plaintiffs, v. INTERSTATE COMMERCE COMMISSION and The United States of America, Defendants, Fort Dodge, Des Moines & Southern Railway Company, Intervenor-Defendant.

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

February 2, 1962.

Attorney(s) appearing for the Case

Robert R. Rydell, Des Moines, Iowa, for all plaintiffs.

R. Y. Taylor, Guthrie Center, Iowa, for all plaintiffs, except Iowa State Commerce Commission.

Donald A. Wine, U. S. Dist. Atty., Davenport, Iowa, and Betty Jo Christian, Atty., Interstate Commerce Commission, Washington, D. C., for defendants.

John C. Eddy, Des Moines, Iowa, for intervenor.

Before VAN OOSTERHOUT, Circuit Judge, and STEPHENSON and GRAVEN, District Judges.

GRAVEN, Senior District Judge.

This is an action brought under the provisions of 49 U.S.C.A. § 17(9) and 28 U.S.C. § 2323 to review an order of the Interstate Commerce Commission issued March 30, 1961, authorizing the Fort Dodge, Des Moines & Southern Railway Company to abandon a small branch line.

On March 28, 1960, the Fort Dodge, Des Moines & Southern Railway Company filed with the Interstate Commerce Commission an application to abandon...

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