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ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. UNITED STATES

Civ. A. No. KC-2415.

282 F.Supp. 430 (1968)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court D. Kansas.

March 5, 1968.

Attorney(s) appearing for the Case

J. C. Gibson, Starr Thomas, S. R. Brittingham, Jr., Chicago, Ill., C. J. Putt, Topeka, Kan., Leonard O. Thomas, Kansas City, Kan., for plaintiff.

Newell A. George, U. S. Atty., Topeka, Kan., Donald F. Turner and John H. D. Wigger, Department of Justice, Washington, D. C., for United States.

Robert W. Ginnane, Robert S. Burk, Attorneys, Interstate Commerce Commission, Washington, D. C., for I. C. C.

Before SETH, Circuit Judge, ARTHUR J. STANLEY, Jr., and WESLEY E. BROWN, District Judge.

MEMORANDUM OF DECISION

PER CURIAM.

This is an action instituted by the Atchison, Topeka and Santa Fe Railway Company to enjoin, set aside and suspend orders of the Interstate Commerce Commission entered in two combined administrative proceedings, wherein the Commission held that certain shipment detention practices provided by Santa Fe constituted an unpublished service of delay1 and that certain tariff rules proposed by Santa...

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