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FLORIDA EAST COAST RAILWAY CO. v. UNITED STATES

No. 65-186-Civ-J.

256 F.Supp. 986 (1966)

FLORIDA EAST COAST RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court M. D. Florida, Jacksonville Division.

June 24, 1966.

Attorney(s) appearing for the Case

Fred H. Kent, Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, Fla., and A. Alvis Layne, Washington, D. C., for plaintiff.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., William J. Hamilton, Jr., Asst. U. S. Atty., Jacksonville, Fla., for defendant United States.

Raymond M. Zimmet, Atty., I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

John S. Cox, Cox, Grissett & Webb, Jacksonville, Fla., Richard A. Hollander, Richmond, Va., for defendant Seaboard Air Line R. Co.

Thomas C. Britton, Miami, Fla., for defendants Dade County and Greater Miami Traffic Ass'n.

Before JONES, Circuit Judge, and McRAE and YOUNG, District Judges.

OPINION

McRAE, District Judge.

Florida East Coast Railway Company (East Coast) brought this action, seeking judicial review of an order of the Interstate Commerce Commission that requires East Coast to permit Seaboard Air Line Railroad Company (Seaboard) to operate trains over certain railroad tracks owned and used by East Coast in Miami, Florida.

Currently, both Seaboard and East Coast provide rail transportation to and from the present municipal...

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