STATE OF ALABAMA v. UNITED STATES

Nos. 706-708.

56 F.Supp. 478 (1944)

STATE OF ALABAMA et al. v. UNITED STATES et al. STATE OF TENNESSEE et al. v. SAME. COMMONWEALTH OF KENTUCKY et al. v. UNITED STATES.

District Court, W. D. Kentucky, Louisville Division.

August 3, 1944.


Attorney(s) appearing for the Case

Wm. N. McQueen, Acting Atty. Gen., and Forman Smith, Asst. Atty. Gen., for State of Alabama and Alabama Public Service Commission.

Leon Jourolmon, Jr., of Knoxville, Tenn., for State of Tennessee and the Railroad and Public Utilities Commission of State of Tennessee.

Eldon S. Dummitt, Atty. Gen., M. B. Holifield, Asst. Atty. Gen., and J. E. Marks, of Lexington, Ky., for Commonwealth of Kentucky and Railroad Commission of Kentucky.

Daniel W. Knowlton, Chief Counsel and Allen Crenshaw, Atty., both of Washington, D. C., for Interstate Commerce Commission.

W. L. Grubbs, of Louisville, Ky., E. A. Smith, of Chicago, Ill., Charles Clark and Jos. P. Cook, both of Washington, D. C., Y. D. Lott, of Mobile, Ala., and H. L. Walker and Frank W. Gwathmey, both of Washington, D. C., for intervening railroads.

Richard H. Field, Gen. Counsel, David F. Cavers, Asst. Gen. Counsel, and Bernard M. Fitzgerald, Transportation Counsel, all of Washington, D. C., and M. D. Miller, of Jennings, La., for Economic Stabilization Director and the Price Administrator.

Eli H. Brown, III, U. S. Dist. Atty., of Louisville, Ky., and Robert L. Pierce, Sp. Asst. to Atty. Gen., for the United States.

Before HAMILTON, Circuit Judge, and SWINFORD and MILLER, District Judges.


MILLER, District Judge.

The State of Alabama, the State of Tennessee, and the Commonwealth of Kentucky filed these respective actions on June 12, 1944, against the United States of America and the Interstate Commerce Commission, to enjoin and set aside an order entered by the Interstate Commerce Commission on May 8, 1944, which required the railroads operating in those three states to establish on or before July 1, 1944...

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