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DENVER AND RIO GRANDE WESTERN R. CO. v. UNITED STATES

Civ. A. No. C-1699.

312 F.Supp. 329 (1970)

The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY and Southern Pacific Company, Plaintiffs, v. UNITED STATES of America, Defendant, Interstate Commerce Commission and Oregon Short Line Railroad Company and Union Pacific Railroad Company, Intervening Defendants.

United States District Court, D. Colorado.

May 11, 1970.

Attorney(s) appearing for the Case

Ernest Porter, John S. Walker, Denver, Colo., for plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., by John H. D. Wigger, Department of Justice, Washington, D. C., James L. Treece, U. S. Atty., Denver, Colo., for defendant United States of America.

Fritz R. Kahn, Acting General Counsel, Interstate Commerce Commission, Washington, D. C., Manny H. Smith, Barry Roberts, Interstate Commerce Commission, Washington, D. C., for intervening defendant Interstate Commerce Commission.

William P. Higgins, Omaha, Neb., C. D. Knowles, Denver, Colo., for intervening defendants Oregon Short Line R. Co. and Union Pac. R. Co.

Before LEWIS, Circuit Judge, and BOHANON and DOYLE, District Judges.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

This action was commenced by plaintiffs, Denver and Rio Grande Western Railroad Company (DRGW) and Southern Pacific Company (SP) against the United States, seeking review pursuant to 28 U.S.C. § 1336 of an order of the Interstate Commerce Commission. A three-judge court was convened as required by 28 U.S.C. §§ 2284 and 2325. The Oregon Short Line Railroad Company (OSL) and the...

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