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A. E. STALEY MFG. COMPANY v. UNITED STATES

No. 4-69 Civ. 459.

310 F.Supp. 485 (1970)

A. E. STALEY MFG. COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Atchison, Topeka & Santa Fe Railway Co., et al., Intervening Defendants.

United States District Court, D. Minnesota, Fourth Division.

January 29, 1970.

Attorney(s) appearing for the Case

Andrew P. Goldstein, Washington, D. C., and James R. Scoggin, Glenview, Ill., for plaintiffs.

J. Earl Cudd, Asst. U. S. Atty., for defendant the United States.

Fritz R. Kahn, Deputy Gen. Counsel, I. C. C., for defendant Interstate Commerce Commission.

Stuart W. Rider, Jr., Minneapolis, Minn., for intervenors Atchison, Topeka & Santa Fe Rwy., Louisville & Nashville Ry. Co., St. Louis Southwestern Ry. Co., Seaboard Coast Line Ry. Co., Southern Ry. Co., Southern Pacific Transportation Co., Southern Freight Assn., and Traffic Executive Assn., Eastern Railroads.

James W. Nisbet, Chicago, Ill., for intervenor Western Railroad Assn.

Before HEANEY, Circuit Judge, and NORDBYE and LORD, District Judges.

MEMORANDUM

PER CURIAM.

The plaintiffs request this Court to issue a temporary injunction restraining the Interstate Commerce Commission from enforcing what the plaintiffs describe as an "order" of the Commission issued on October 20, 1969. The "order" as later interpreted obligated the plaintiffs as consignees of grain shipments to remove non-reusable paper grain doors from unloaded railroad cars. (See Appendix A) It also obligated the rail carriers to refuse...

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