NORFOLK AND WESTERN RAILWAY COMPANY, Plaintiff,
v.
UNITED STATES of America, and Interstate Commerce Commission, Defendants,
and
Illinois Commerce Commission, Public of the State of Indiana, Michigan Public Service Commission, Missouri Public Service Commission, City of Fort Wayne, City of Adrian, Sisters of St. Dominic Motherhouse,
and
United Transportation Union, Intervening Defendants.
United States District Court, E. D. Missouri, E. D.https://leagle.com/images/logo.png
July 2, 1970.
July 2, 1970.
Attorney(s) appearing for the Case
Ray T. Sample and Richard A. Keeney, St. Louis, Mo., and Sidley & Austin, Howard J. Trienens, George L. Saunders, Jr., Theodore N. Miller, Chicago, Ill., for plaintiff.
Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., Richard W. McLaren, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant United States.
Robert W. Ginanne, General Counsel, and Pyilip W. Getts, Atty., I. C. C., Washington, D. C., for defendant I. C. C.
James T. Williamson, St. Louis, Mo., for intervening defendants.
Wm. J. Scott, Atty. Gen., State of Ill., Springfield, Ill., Peter A. Fasseas, Asst. Atty. Gen., Chicago, Ill., for Illinois Commerce Commission.
Carl E. VanDorn, Public Counsellor, State of Ind., for Public of State of Indiana.
Walter V. Kron, Asst. Atty. Gen., David P. VanNote, Asst. Atty. Gen., State of Mich., Lansing, Mich., for Michigan Public Service Commission.
Jeremiah D. Finnegan, Gen. Counsel, Mo. Public Service Commission, Jefferson City, Mo., for Missouri Public Service Commission.
J. Robert Arnold, Fort Wayne, Ind., for City of Fort Wayne.
Major Bird, Adrian, Mich., for City of Adrian.
James T. Williamson, St. Louis, Mo., Gordon P. MacDougall, Washington, D. C., for United Transportation Union.
Before MATTHES, Circuit Judge, and MEREDITH and REGAN, District Judges.
United States District Court, E. D. Missouri, E. D.
MEMORANDUM OPINION
REGAN, District Judge.
This is an action to review and set aside an order of the Interstate Commerce Commission which required Norfolk and Western Railway Company (N & W) to continue the operation of its passenger trains Nos. 301 and 304 (the "Wabash Cannonball") between St. Louis and Detroit for one year following the date of the order issued June 26, 1969. The Commission's decision is reported in Norfolk & Western Railway Co...
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