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GREAT NORTHERN RAILWAY COMPANY v. THOMPSON

Civ. No. 824.

304 F.Supp. 812 (1969)

GREAT NORTHERN RAILWAY COMPANY, a corporation; Northern Pacific Railway Company, a corporation; Soo Line Railroad Company, a corporation; and Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a corporation, Plaintiffs, v. Richard J. THOMPSON, Ben J. Wolf, and Bruce Hagen, Commissioners of the Public Service Commission of the State of North Dakota, or their successors, Defendants.

United States District Court D. North Dakota, Southwestern Division.

October 24, 1969.

Attorney(s) appearing for the Case

Joseph J. Nagle, Chicago, Ill., Barry McGrath, St. Paul, Minn., Charles H. Clay, Minneapolis, Minn., and Curtis H. Berg, St. Paul, Minn., Nilles, Oehlert, Hansen, Selbo & Magill, Frank J. Magill, Fargo, N. D., of counsel, for plaintiffs.

Jack Stewart, Commerce Counsel, Special Asst. Atty. Gen., Bismarck, N. D., for defendants.

Before VOGEL, Circuit Judge, REGISTER, Chief District Judge, and DAVIES, District Judge.

REGISTER, Chief Judge.

By this action the Plaintiffs seek a judicial determination declaring unconstitutional Section 49-14-31 of the North Dakota Century Code (enacted as Chapter 321, Section 1, by the 1965 Legislative Session of the State of North Dakota), which reads as follows:

"49-14-31. Requiring establishment and maintenance of hold points. — Any railroad operating in the state of North Dakota shall establish and maintain at such locations...

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