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STATE OF ARIZONA v. UNITED STATES

Civ. No. 3975.

220 F.Supp. 337 (1963)

STATE OF ARIZONA et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court D. Arizona.

May 21, 1963.

Attorney(s) appearing for the Case

Daniel E. Moore and James B. Greenwood, Bisbee, Ariz., for plaintiffs.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Charles A. Muecke, U. S. Atty., Phoenix, Ariz., for the United States.

Robert W. Ginnane, Gen. Counsel, and Leonard S. Goodman, Atty., Interstate Commerce Comm., Washington, D. C., for Interstate Commerce Commission.

Randolph Karr, San Francisco, Cal., and Evans, Kitchel & Jenckes, Phoenix, Ariz., for Southern Pacific Co.

Before BARNES, Circuit Judge and WALSH and DAVIS, District Judges.

PER CURIAM.

We adopt the following statement describing the nature of the action, the proceedings before the Commission, the proceedings in this court, the statutes involved and the questions presented. They are agreed upon by the United States of America, the Interstate Commerce Commission, and the Southern Pacific Company.

"This is an action under sections 1336, 1398, 2284 and 2321-2325 of the United States Code, Title 28, to set aside a report and orders...

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