Northern Pac. Ry. Co. v. Board of Railroad Com'rs of Montana

BOURQUIN, District Judge.

This is a three-judge suit, wherein the railroads seek to enjoin intrastate rates established by defendants, prior to said rates in effect and pending a section 13 hearing by plaintiffs requested of the Interstate Commerce Commission.

The amended complaint counts upon unjust discrimination between intrastate and interstate persons and places. Defendants’ motion to dismiss for insufficiency of the complaint, and plaintiffs’ application for injunction pendente lite, have been heard together.

Earlier aspects of the suit appear in Northern, etc., Co. v. Board of Railroad…