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OWENSBORO GRAIN COMPANY v. I. C. C.

Civ. A. No. 5982.

320 F.Supp. 257 (1970)

OWENSBORO GRAIN COMPANY, Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants.

United States District Court, W. D. Kentucky, at Louisville.

November 24, 1970.

Attorney(s) appearing for the Case

Brooks Senn, Louisville, Ky., Howard Gould, David Reichert, Stephen D. Strauss, Cincinnati, Ohio, for plaintiff.

Ernest W. Rivers, U. S. Dist. Atty., Louisville, Ky., Robert W. Ginnane, Gen. Counsel Interstate Commerce Comm. and James F. Tao, Atty., Interstate Commerce Comm., Washington, D.C., for Interstate Commerce Comm.

Richard W. McLaren, Asst. Atty. Gen., Dept. of Justice, John H. D. Wigger, Atty., Dept. of Justice, Washington, D.C., for United States.

Joseph E. Stopher, Elbert R. Leigh, Louisville, Ky., Thomas F. McFarland, Chicago, Ill., James L. Tapley, Washington, D.C., J. R. Davis, Richmond, Va., for intervening Railroad defendants.

Before BROOKS, Circuit Judge, GORDON and HOGAN, District Judges.

PER CURIAM.

This railroad rate case was brought to set aside an order of the Interstate Commerce Commission which dismissed plaintiff's complaint. See Owensboro Grain Company v. Louisville & Nashville Railroad Company, et al, 332 I.C.C. 461 (1968). The railroad carriers named as defendants in the proceedings before the Commission have intervened in the instant case pursuant to 28 U.S.C. § 2323.

Plaintiff, a producer of soybean meal whose processing...

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