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CANADIAN PACIFIC LIMITED v. UNITED STATES

Civ. A. No. 1193-73.

379 F.Supp. 128 (1974)

CANADIAN PACIFIC LIMITED, and Canadian National Railway Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Atchison, Topeka & Santa Fe Railway Company et al., Intervening Defendants.

United States District Court, District of Columbia.

July 23, 1974.

Attorney(s) appearing for the Case

John Guandolo, MacDonald & McInerny, Washington, D. C., for plaintiffs.

Thomas Kauper, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., John H. D. Wigger, Atty., Dept. of Justice, for defendant United States.

Fritz R. Kahn, Gen. Counsel, Hanford O'Hara, Atty., Washington, D. C., for defendant Interstate Commerce Commission.

Harvey Huston, Don McDevitt, Chicago, Ill., Byron D. Olsen, St. Paul, Minn., Martin Sterenbuch, Cake & Sterenbuch, Washington, D. C., for intervening defendants.

Before WILKEY, Circuit Judge, and ROBINSON and FLANNERY, District Judges.

OPINION

AUBREY E. ROBINSON, Jr., District Judge.

This is an action for review of Orders of the Interstate Commerce Commission entered in a proceeding styled Investigation and Suspension Docket No. 8528, Allowances on Controlled Shipments of Potash, Canada to U.S., reported at 337 I.C.C. 769 (1970). Jurisdiction is founded on 28 U.S.C. § 1336. The matter is before a three-judge court as required by 28 U.S.C. § 2325.

By schedules issued December...

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