STATE OF NORTH CAROLINA v. UNITED STATES

Civil Action No. 189.

56 F.Supp. 606 (1944)

STATE OF NORTH CAROLINA et al. v. UNITED STATES et al.

District Court, E. D. North Carolina, Raleigh Division.

July 22, 1944.


Attorney(s) appearing for the Case

J. C. B. Ehringhaus, of Raleigh, N. C., and F. C. Hillyer, of Jacksonville, Fla., for State of North Carolina, North Carolina Utilities Commission, Charlotte Shippers & Manufacturers Association, Inc., and North Carolina Division of the Travelers Protective Association of America.

Richard H. Field, Gen. Counsel, David F. Cavers, Asst. Gen. Counsel, Bernard M. Fitzgerald, Transportation Counsel, Transportation and Public Utilities Division, and M. D. Miller, Atty., Office of Price Administration, all of Washington, D. C., for Price Administrator.

Charles Clark, Gen. Atty. Southern Railway System, Frank W. Gwathmey and Joseph P. Cook, all of Washington, D. C., for North Carolina Rail Lines.

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

Edward Dumbauld, Sp. Asst. to Atty. Gen., Wendell Berge, Asst. Atty. Gen., J. O. Carr, U. S. Atty., of Wilmington, N. C., Daniel J. Knowlton, Chief Counsel, and J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, both of Washington, D. C., for United States and Interstate Commerce Commission.

Before PARKER, Circuit Judge, and MEEKINS and HAYES, District Judges.


PARKER, Circuit Judge.

This is a suit under the Urgent Deficiencies Act, 28 U.S.C.A. 43-48, to enjoin and set aside an order of the Interstate Commerce Commission requiring railroads serving the State of North Carolina to establish and maintain intrastate coach fares for passengers on bases no lower than the present interstate fares. The effect of the order is to require the present basic coach fare in North Carolina of 1.65 cents per mile to be increased to the present...

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