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SOUTHERN RY. CO. v. ALABAMA PUBLIC SERVICE COM'N

No. Civ. 645-N.

88 F.Supp. 441 (1950)

SOUTHERN RY. CO. v. ALABAMA PUBLIC SERVICE COMMISSION et al.

United States District Court M. D. Alabama, N. D.

February 8, 1950.

Attorney(s) appearing for the Case

J. T. Stokely (of Benners, Burr, Stokely & McKamy), of Birmingham, Charles Clark, of Washington, D. C, and Marion Rushton (of Rushton, Stakely & Johnston), Montgomery, Ala., for plaintiff.

Richard T. Rives (of Rives & Godbold), Montgomery, Ala., and A. A. Carmichael, Attorney General of Alabama, for defendants.

Before McCORD, Circuit Judge, and McDUFFIE and KENNAMER, District Judges.

KENNAMER, District Judge.

Plaintiff, Southern Railway Company, a corporation, organized and existing under the laws of the State of Virginia, is engaged as a common carrier by railroad of persons and property between points within the State of Alabama, and between points in other States throughout the south.

The defendant Alabama Public Service Commission, is an Administrative body, created under the laws of the State of Alabama, and authorized to exercise...

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