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ATCHISON, TOPEKA AND SANTA FE RAILWAY v. UNITED STATES

No. 3-71-Civ-80.

334 F.Supp. 651 (1971)

ATCHISON, TOPEKA AND SANTA FE RAILWAY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and DELAWARE RIVER PORT AUTHORITY et al., Defendant-Interveners.

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

December 1, 1971.

Attorney(s) appearing for the Case

Robert B. Batchelder, Omaha, Neb., Curtis H. Berg, St. Paul, Minn., Frederick G. Pfrommer, Albert T. Suter, Walter G. Treanor, San Francisco, Cal., for plaintiffs.

Geraldine R. Keyes and Richard W. McLaren, Washington, D. C., Robert G. Renner, U. S. Atty., Minneapolis, Minn., for defendants.

Doherty, Rumble & Butler, Boyd H. Ratchye, St. Paul, Minn., for defendant-interveners.

Before HEANEY, Circuit Judge, NORDBYE, Senior District Judge, and DEVITT, Chief District Judge.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

This is an action brought by six western railroads to enjoin, suspend, annul, and set aside an order of the Interstate Commerce Commission dated August 25, 1971, entered in its Investigation and Suspension Docket, Number 8508, titled Increased Waterborne Charge, North Atlantic, Pacific & Canadian Ports, 377 I.C.C. 534 (1970) insofar as this order concludes that...

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