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CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO. v. HARDIN

Civ. No. H.S. 944.

274 F.Supp. 294 (1967)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, the Kansas City Southern Railway Company, Missouri Pacific Railroad Company, St. Louis-San Francisco Railway Company, St. Louis Southwestern Railway Company, and the Texas and Pacific Railway Company, Plaintiffs, v. Robert N. HARDIN, Prosecuting Attorney for the Seventh Judicial Circuit of Arkansas, and W. F. Denman, Jr., Prosecuting Attorney, for the Eighth Judicial Circuit of Arkansas, Defendants, and Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Brotherhood of Railroad Trainmen, Order of Railway Conductors and Brakemen, and Switchmen's Union of North America, Intervenors.

United States District Court W. D. Arkansas, Hot Springs Division.

October 3, 1967.

Attorney(s) appearing for the Case

Robert V. Light, Little Rock, Ark., Martin M. Lucente, Chicago, Ill., for plaintiffs.

Joe Purcell, Atty. Gen., State of Arkansas and Jack Lessenberry, Little Rock, Ark., for defendants.

John P. Sizemore, Robert D. Ross, Little Rock, Ark., for intervenors.

Before VAN OOSTERHOUT, Circuit Judge, and MILLER and HENLEY, District Judges.

HENLEY, District Judge.

Memorandum Opinion

By this suit in equity interstate rail carriers operating in and through Arkansas challenge once again the constitutional validity of two Arkansas statutes prescribing minimum crew consists for freight trains in road and yard service. The two statutes are Act 116 of 1907, Ark.Stats., Ann., § 73-720 et seq. and Act 67 of 1913, Ark.Stats., Ann., § 73-726 et seq. Plaintiffs seek a declaration that the statutes...

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