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CLEVELAND-CLIFFS IRON v. CHICAGO & N. W. TRANSP.

No. M81-68 CA(2).

516 F.Supp. 399 (1981)

The CLEVELAND-CLIFFS IRON COMPANY, Plaintiff, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, Defendant, and Interstate Commerce Commission, Intervenor.

United States District Court, W. D. Michigan, N. D.

May 27, 1981.

Attorney(s) appearing for the Case

Crowell & Moring, Washington, D. C., Warner, Norcross & Judd, Grand Rapids, Mich., for plaintiff.

Christopher A. Mills and John T. Van Gessel, Chicago, Ill., for defendant.

Kathleen M. Dollar, Acting Associate Counsel, ICC, Washington, D. C., for intervenor.

OPINION GRANTING PRELIMINARY INJUNCTION

DOUGLAS W. HILLMAN, District Judge.

This is an action for declaratory and injunctive relief to enforce a rail tariff agreement between a carrier and a shipper and to enjoin the carrier from charging a higher rate set forth in a supplemental tariff which has been filed with the Interstate Commerce Commission (hereinafter "ICC"). Federal jurisdiction exists under 28 U.S.C. § 1332, and 28 U.S.C. § 1331, the...

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