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STATE OF MINNESOTA v. UNITED STATES

No. 3-64-Civ. 147.

238 F.Supp. 107 (1965)

STATE OF MINNESOTA and Railroad and Warehouse Commission of the State of Minnesota, Plaintiffs, v. UNITED STATES of America, Defendant, and Chicago and North Western Railway Company, a Wisconsin corporation, and Interstate Commerce Commission, Intervening Defendants.

United States District Court D. Minnesota, Third Division.

February 15, 1965.

Attorney(s) appearing for the Case

Walter F. Mondale, Atty. Gen. of Minnesota, and Richard Musenbrock, Sp. Asst. Atty. Gen., St. Paul, Minn., for plaintiffs.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Miles W. Lord, U. S. Atty., Minneapolis, Minn., for defendant.

Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, and H. Neil Garson, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for intervening defendant Interstate Commerce Commission.

Roger S. Bessey and Wickham, Borgelt, Skogstad & Powell, Milwaukee, Wis., Jordan Jay Hillman, Chicago, Ill., and Stringer, Donnelly & Sharood, St. Paul, Minn., for intervening defendant Chicago and North Western Ry. Co.

Before VOGEL, Circuit Judge, and DEVITT and LARSON, District Judges.

LARSON, District Judge.

This action has been brought by the State of Minnesota and its Railroad and Warehouse Commission to appeal a decision of the Interstate Commerce Commission (the Commission). The Chicago and North Western Railway Company (North Western) was granted leave to intervene as a defendant.

In October, 1961, the North Western, acting pursuant to section 13a(1) of the Interstate Commerce Act,1 announced

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