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BURLINGTON NORTHERN R. CO. v. STATE OF MONT.

No. CV 91-38-H-CCL.

805 F.Supp. 1522 (1992)

BURLINGTON NORTHERN RAILROAD COMPANY and Montana Rail Link, Plaintiffs, v. STATE OF MONTANA; and the Montana Department of Public Regulation, Public Service Commission, Defendants.

United States District Court, D. Montana, Helena Division.

October 16, 1992.

Attorney(s) appearing for the Case

Robert A. Cannon, Richard A. Knudsen, Knudsen, Berkheimer, Richardson & Endacott, Lincoln, Neb., Kurt W. Kroschel, Kroschel & Associates, Billings, Mont., Leo Berry, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Mont., Edward Murphy, Datsopoulos, MacDonald & Lind, Missoula, Mont., for plaintiffs.

Attorney General Marc Racicot, Ivan C. Evilsizer, Denise Peterson, Helena, Mont., Lawrence M. Mann, Alper & Mann, Washington, D.C., Mike Halligan, Missoula, Mont., for defendants.

OPINION AND ORDER

LOVELL, District Judge.

Plaintiff Burlington Northern Railroad Company and Plaintiff-Intervenor Montana Rail Link request the court to declare Section 69-14-116, Montana Code Annotated, as amended by Chapter 487, Session Laws of Montana 1991 (House Bill 271), and the rules and regulations implementing that legislation adopted by the Montana Public Service Commission unconstitutional, void and unenforceable; and to restrain Defendants and...

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