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UNION PACIFIC RAILROAD COMPANY v. UNITED STATES

Civ. 02981.

300 F.Supp. 318 (1969)

UNION PACIFIC RAILROAD COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Nebraska.

May 27, 1969.

Attorney(s) appearing for the Case

Raymond E. McGrath, of McGrath, North, Nelson & Shkolnick, Omaha, Neb., and Howard J. Trienens, of Sidley & Austin, Chicago, Ill., for plaintiffs.

Gerald Vitamvas, Deputy Atty. Gen., for the State of Nebraska and Richard W. Sabin, Asst. Atty. Gen., State of Oregon, Salem, Or., for twenty-two intervening States.

William Tighe, Asst. U. S. Atty., for the District of Nebraska and Robert W. Ginnane, Gen. Counsel, I.C.C., Washington, D. C., for defendants.

Harry Otis, of Gaines, Spittler, Neely, Otis & Moore, Omaha, Neb., and Richard R. Bongartz, Philadelphia, Pa., for Penn Central Co.

Harry Otis, Omaha, Neb., and John C. Danielson, Chicago, Ill., for Chicago & Northwestern Railroad Co.

William J. Brennan Jr., of Fitzgerald, Brown, Leahy, McGill & Strom, Omaha, Neb., and David G. MacDonald, Washington, D. C., for Southern Railroad Systems.

Stephen G. Olson, of Fraser, Stryker, Marshall & Veach, Omaha, Neb., and Gen. Sol. Raymond K. Merrill, Chicago, Ill., for Milwaukee Railroad.

Before LAY, Circuit Judge, and ROBINSON and VAN PELT, District Judges.

MEMORANDUM

RICHARD E. ROBINSON, District Judge.

This is an action to set aside an order of the Interstate Commerece Commission prescribing rental rates to be paid by railroads for the use of freight cars owned by another railroad. The Commission's order dated January 17, 1968, was entered in its Dockets No. 31358, 33145 and 34405, Chicago Burlington & Quincy R. Co. et al., v. New York Susquehanna & Western Railroad Co. et al., 332 I.C.C. 176. The...

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