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PEOPLE OF STATE OF CALIFORNIA v. UNITED STATES

Civ. 43057.

258 F.Supp. 950 (1966)

The PEOPLE OF the STATE OF CALIFORNIA, and the Public Utilities Commission of California, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Union Pacific Railroad Company, Intervening Defendant.

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

June 1, 1966.

Attorney(s) appearing for the Case

Richard E. Tuttle and William N. Foley, San Francisco, Cal., for plaintiffs.

Robert L. Wright, Acting Asst. Atty. Gen., Cecil F. Poole, U. S. Atty., San Francisco, Cal., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, and Thomas H. Ploss, Atty., I.C.C., Washington, D. C., for Interstate Commerce Commission.

F. J. Melia, H. E. Roos, John J. Burchell, Omaha, Neb., and Brobeck, Phleger & Harrison, San Francisco, Cal., for Union Pac. RR. Co., intervening defendant.

Before BROWNING, Circuit Judge, and WOLLENBERG and ZIRPOLI, District Judges.

PER CURIAM.

The Interstate Commerce Commission permitted the Union Pacific Railroad Company to discontinue the "City of St. Louis," a passenger train operating between Los Angeles, California, and Ogden, Utah, and to make compensating changes in the schedule of the "City of Los Angeles," a similar Union Pacific train operating between the same points.

The Public Utilities Commission of the State of California asks us to annul the Commission's order. We think...

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