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STATE OF NEBRASKA v. UNITED STATES

Civ. A. 1020L.

255 F.Supp. 718 (1966)

STATE OF NEBRASKA ex rel. NEBRASKA STATE RAILWAY COMMISSION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Chicago and North Western Railway Company, Intervening Defendant, and Bloomfield Hatchery and Feed Mill, Inc., Carhart Lumber Company, doing business in Bloomfield, Nebraska, as Bloomfield Lumber Company, Holmquist Grain and Lumber Company of Bloomfield, Nebraska, Farmers Coop Elevator Company, of Bloomfield, Nebraska, Brockman Ready-Mix, Inc., of Bloomfield, Nebraska, Intervening Plaintiffs.

United States District Court D. Nebraska.

June 17, 1966.

Attorney(s) appearing for the Case

Wallace M. Rudolph, Sp. Asst. Atty. Gen. of Nebraska, Lincoln, Neb., for plaintiff.

Manny H. Smith, Washington, D. C., for defendants United States and Interstate Commerce Commission.

Stuart F. Gassner, Louis T. Duerinck, Chicago, Ill., and Michael T. Levy, Omaha, Neb., for intervening defendant, Chicago & N. W. Ry. Co.

Wallace M. Rudolph, Lincoln, Neb., for intervening plaintiffs Bloomfield Hatchery and Feed Mill, Inc. and others.

Before JOHNSEN, Circuit Judge, and ROBINSON and VAN PELT, District Judges.

MEMORANDUM OPINION

VAN PELT, District Judge.

This is an action, pursuant to 28 U.S. C.A. §§ 2321-2325 and 28 U.S.C.A. § 2284, to set aside, vacate and annul an order of the Interstate Commerce Commission, dated June 24, 1965, in its Finance Docket 22661 permitting abandonment by the Chicago and North Western Railway Company of rail lines and operations. The order granted North Western a certificate of public convenience and necessity authorizing...

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