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IOWA STATE COMMERCE COMMISSION v. UNITED STATES

Civ. No. 10-34-C-2.

313 F.Supp. 648 (1970)

IOWA STATE COMMERCE COMMISSION, Plaintiff, v. The UNITED STATES of America, and the Interstate Commerce Commission, and The Chicago, Rock Island and Pacific Railroad Company, Defendants.

United States District Court, S. D. Iowa, C. D.

June 2, 1970.

Attorney(s) appearing for the Case

Leo J. Steffen, Jr., Commerce Counsel, and Daniel J. Fay, Asst. Commerce Counsel, Iowa State Commerce Commission, Des Moines, Iowa, for plaintiff.

Allen L. Donielson, U. S. Atty., and Claude H. Freeman, Asst. U. S. Atty., Des Moines, Iowa, for defendants United States and I.C.C.

B. A. Webster, J. H. Martin, R. A. Gamble, Des Moines, Iowa, and T. E. Desch and T. I. Megan, Chicago, Ill., for defendant Chicago, Rock Island and Pacific Railroad Co.

HANSON, District Judge.

This ruling is predicated upon Defendant Chicago, Rock Island and Pacific Railroad Company's motion to dismiss for want of subject matter jurisdiction. This motion, together with Plaintiff's motion for temporary restraining order, came on for full hearing and argument. The Court concludes that subject matter jurisdiction for the maintenance of this action does not exist.

On April 29, 1970, the Chicago, Rock Island and Pacific Railroad...

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