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STANISLAUS COUNTY v. UNITED STATES

Civ. No. 8471.

236 F.Supp. 146 (1964)

STANISLAUS COUNTY, a Political Subdivision of the State of California, and Stanislaus County Chamber of Commerce, a Non-profit corporation, Plaintiffs, v. UNITED STATES of America, a sovereign body politic, and the Interstate Commerce Commission, Defendants, and The Atchison, Topeka and Santa Fe Railway Company, a corporation, et al., Intervening Defendants.

United States District Court N. D. California, N. D.

February 7, 1964.

Attorney(s) appearing for the Case

Tom B. Markley, San Francisco, Cal., for plaintiffs.

Lee Loevinger, Asst. Atty. Gen., and Colin Smith, Department of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for defendant United States.

Robert W. Ginnane, General Counsel, and Arthur J. Cerra, Asst. General Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Charles W. Burkett, Jr., John MacDonald Smith, and W. Harney Wilson, San Francisco, Cal., for intervening defendants.

Before DUNIWAY, Circuit Judge, and HALBERT and MacBRIDE, District Judges.

HALBERT, District Judge:

Plaintiffs, Stanislaus County and Stanislaus County Chamber of Commerce, have brought this action against defendants United States and Interstate Commerce Commission to set aside and annul an order of the I.C.C. entered in the proceeding entitled Stanislaus County, et al. v. Atchison, Topeka & Santa Fe Railway Company et al., I.C.C. Docket No. 31901 (315 I.C.C. 459). On appropriate motion the defendant railroads were granted permission...

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