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SOUTHERN PACIFIC COMPANY v. UNITED STATES

Civ. A. No. 49677.

298 F.Supp. 971 (1969)

SOUTHERN PACIFIC COMPANY, the Atchison, Topeka and Santa Fe Railway Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Sears, Roebuck and Co., Glastron Boat Company, and Larson Industries, Inc., Intervenors.

United States District Court N. D. California.

February 11, 1969.

Attorney(s) appearing for the Case

Frederick G. Pfrommer, Leland E. Butler, Charles W. Burkett, A. T. Suter, San Francisco, Cal., for plaintiffs and intervening plaintiffs.

Edwin M. Zimmerman, John H. D. Wigger, Washington, D. C., and Cecil F. Poole, San Francisco, Cal., for United States.

Robert W. Ginnane and Steven Kazan, Washington, D. C., for Interstate Commerce Commission.

Walcom & Harmon, San Francisco, Cal., and Eugene D. Anderson, Chicago, Ill., for Sears, Roebuck and Co., Glastron Boat Co. and Larson Industries, Inc.

Before HAMLIN, Circuit Judge, and ZIRPOLI and BURKE, District Judges.

MEMORANDUM and ORDER

LLOYD H. BURKE, District Judge:

This is an action before a statutory three-judge court [28 U.S.C. §§ 1336, 2284, 2321-2325] to annul and set aside a Report and Order of the Interstate Commerce Commission. In the Report, Boats on Multi-Level Cars, 332 I.C.C. 468 (1968) the Commission concluded that the two railroads (plaintiffs herein) had failed to discharge their burden of proving that certain proposed rate increases were...

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