TENNESSEE VALLEY AUTHORITY v. UNITED STATES

Civ. A. No. 801.

96 F.Supp. 409 (1951)

TENNESSEE VALLEY AUTHORITY et al. v. UNITED STATES et al.

United States District Court N. D. Alabama, Northwestern Division.

March 21, 1951.


Attorney(s) appearing for the Case

Joseph C. Swidler, Gen. Counsel, and Charles J. McCarthy, Asst. Gen. Counsel, Tennessee Valley Authority, Knoxville, Tenn., for TVA.

James W. Wrape, Memphis, Tenn., for Commercial Barge Lines, Inc.

Egerton, McAfee, Armistead & Davis, Knoxville, Tenn., for J. Allen Smith & Co.

Herbert A. Bergson, Asst. Atty. Gen., James E. Kilday and John F. Baecher, Sp. Assts. to Atty. Gen., Richard E. Guggenheim, Atty., Department of Justice, Washington, D. C., and John D. Hill, U. S. Atty., Birmingham, Ala., for United States.

Daniel W. Knowlton, Chief Counsel, and Allen Crenshaw, Asst. Chief Counsel, Interstate Commerce Commission, Washington, D. C., for ICC.

W. A. Northcutt, Louisville, Ky., for L. & N. R. Co.

Cabaniss & Johnston, Birmingham, Ala., and Charles Clark, A. J. Dixon and James A. Bistline, all of Washington, D. C., for Southern Ry. Co.

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


LYNNE, District Judge.

This action, authorized by the provisions of 28 U.S.C.A. § 1336, was brought by Tennessee Valley Authority, Commercial Barge Lines, Inc., and J. Allen Smith & Company,1 on July 31, 1950, to enjoin, set aside, annul and suspend an order of the Interstate Commerce Commission entered on May 3, 1949, in a proceeding entitled, "Investigation and Suspension Docket No. 5473 — Switching at Knoxville," 274...

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