COLUMBUS & GREENVILLE RY. CO. v. UNITED STATES

No. 161.

46 F.Supp. 204 (1942)

COLUMBUS & GREENVILLE RY. CO. v. UNITED STATES et al.

District Court, E. D. Mississippi, N. D.

July 31, 1942.


Attorney(s) appearing for the Case

Forrest B. Jackson, of Jackson, Miss., R. C. Stovall, of Okolona, Miss., and Z. P. Hawkins, of Columbus, Miss., for Columbus & Greenville Ry. Co.

Daniel H. Kunkel, Office of Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for Interstate Commerce Commission.

Robert L. Pierce, Sp. Atty., Department of Justice, of Washington, D. C., for United States.

John E. McCullough, of St. Louis, Mo., for St. Louis-San Francisco Ry. Co.

Erle J. Zoll, Jr., of Chicago, Ill., for Illinois Cent. R. Co.

Before HOLMES, Circuit Judge, and DAWKINS and MIZE, District Judges.


MIZE, District Judge.

The validity of the order of the Interstate Commerce Commission requiring the plaintiff, C. & G. Railway Company, to cancel certain provisions of a cut-back rate tariff is posed for determination by this suit. The Commission found plaintiff's freight tariff 9-B I.C.C. No. 81 to be in violation of sections 1(6), 6(4), and 6(7) of the Interstate Commerce Act, 49 U.S.C.A. § 1(6), 6(4, 7). The basis for the Commission's action is contained...

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