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CRESTON GRAIN & LUMBER, INC. v. UNITED STATES

Civ. No. 01329.

214 F.Supp. 840 (1963)

CRESTON GRAIN & LUMBER, INC., Plaintiff, v. UNITED STATES of America and Chicago & North Western Railway Company, a Corporation, Defendants.

United States District Court D. Nebraska.

March 9, 1963.

Attorney(s) appearing for the Case

Reuben A. Johnson, Newman Grove, Neb., Alan A. Dusatko, Clarkson, Neb., Warren K. Dalton, Lincoln, Neb., for plaintiffs and intervenors.

Jordan Jay Hillman, Chicago, Ill., R. D. Neely, Omaha, Neb., for defendant Chicago & N. W. Ry. Co.

Robert S. Burk, Washington, D. C., and Theodore L. Richling, Omaha, Neb., for Interstate Commerce Commission and United States.

Before JOHNSEN, Circuit Judge, and ROBINSON and OLIVER, District Judges.

ROBINSON, District Judge.

This is an action to enjoin, set aside and annul the orders of the Interstate Commerce Commission, dated April 25, 1961, and August 23, 1961, in its Finance Docket No. 19411, Chicago & Northwestern Railway Company—Abandonment —Scribner—Oakdale Line, granting a certificate of public convenience and necessity to the Chicago & North Western Railway permitting abandonment of a line of railroad between Scribner and...

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