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SOO LINE RAILROAD CO. v. UNITED STATES

No. 4-66-331 Civ.

271 F.Supp. 869 (1967)

SOO LINE RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Chicago and North Western Railway Company, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Copper Range Railroad Company, and Michigan Public Service Commission, Intervening Defendants.

United States District Court D. Minnesota, Fourth Division.

July 3, 1967.

Attorney(s) appearing for the Case

Charles H. Clay, Minneapolis, Minn., for plaintiff.

Ramsey Clark, U. S. Atty. Gen., by Donald F. Turner, Asst. Atty. Gen., and John H. D. Wigger, Atty., U. S. Dept. of Justice, Washington, D. C., Patrick J. Foley, U. S. Atty., District of Minnesota, Minneapolis, Minn., Robert Ginnane, Gen. Counsel for I. C. C., by Henri F. Rush, Jr., Washington, D. C., for defendants.

Philip M. Hackbarth, Asst. Gen. Counsel, Chicago, Ill., Stuart W. Rider, Jr., Minneapolis, Minn., and Joseph J. Nagle, Chicago, Ill., for Chicago, Milwaukee, St. Paul and Pacific R. R. Co.

Philip Stringer, St. Paul, Minn., Jordan Jay Hillman and John C. Danielson, Chicago, Ill., for Chicago North Western Ry. and Copper Range R. R.

Frank Kelley, Atty. Gen., of Michigan, by Robert A. Derengoski and David P. Van Note, Lansing, Mich., for Michigan Public Service Commission.

Before BLACKMUN, Circuit Judge, DEVITT, Chief Judge, and LORD, District Judge.

MEMORANDUM DECISION

MILES W. LORD, District Judge.

This is an action to suspend, enjoin, annul, and set aside the order of the Interstate Commerce Commission, dated January 7, 1966, in its Finance Docket No. 22813, Soo Line Railroad Co. — Trackage Rights — Lake Superior & Ishpeming Railroad Co., denying the application of the plaintiff for approval of certain trackage rights, and the order of said Commission in the same docket, dated May...

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