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MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 61C 380(1).

203 F.Supp. 629 (1962)

MISSOURI PACIFIC RAILROAD COMPANY et al., Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, Machinery Haulers Association et al., Intervenors.

United States District Court E. D. Missouri, E. D.

March 19, 1962.

Attorney(s) appearing for the Case

Toll R. Ware, St. Louis, Mo., John C. Danielson, Chicago, Ill., John E. McCullough, St. Louis, Mo., Don McDevitt, Chicago, Ill., R. H. Stahlheber, St. Louis, Mo., for Missouri Pac. R. Co., et al.

D. Jeff. Lance, U. S. Atty., St. Louis, Mo., Robert W. Ginnane, General Counsel, I.C.C., Washington, D. C., for the United States and Interstate Commerce Commission.

LaTourette & Rebman, St. Louis Mo., and Charles W. Singer, Chicago, Ill., for Machinery Haulers Ass'n and Individual Motor Carriers (named in appendix) Intervenors.

Before MATTHES, Circuit Judge, and HARPER and DAVIES, District Judges.

HARPER, Chief Judge.

This action was brought by the Missouri Pacific Railroad Company and twenty other railroads as plaintiffs to enjoin and set aside an order of the Interstate Commerce Commission (hereinafter referred to as ICC or the Commission), Exceptions Ratings on Agricultural, Roadmaking, and Other Articles, 315 ICC 9 (Oct. 24, 1961), which determined that the railroads' reduced rates were not shown to be just and reasonable and had precipitated a rate war...

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