Southern Pacific Company v. United States

LAY, Circuit Judge.

Plaintiffs, Southern Pacific and Union Pacific seek equitable relief to enjoin the Interstate Commerce Commission *673from enforcement of a supplemental order, dated January 6, 1966, modifying the Commission’s order of February 6, 1923, entitled Control of Central Pacific by Southern Pacific, Finance Docket No. 2613.

While the one general issue before us is the legality of the preferential routing and solicitation by the Southern Pacific Company and the Union Pacific Railroad,1 plaintiffs argue their case within the frame work of two basic questions. First, they challenge the…