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ALABAMA COMM'N v. SOUTHERN R. CO.

No. 395.

341 U.S. 341 (1951)

ALABAMA PUBLIC SERVICE COMMISSION ET AL. v. SOUTHERN RAILWAY CO.

Supreme Court of United States.

Decided May 21, 1951.

Attorney(s) appearing for the Case

By special leave of Court, Merton Roland Nachman, Jr., Assistant Attorney General of Alabama, pro hac vice, and Richard T. Rives argued the cause for appellants. With them on the brief was Si Garrett, Attorney General. A. A. Carmichael, then Attorney General, and Wallace L. Johnson, then Assistant Attorney General, were also on a brief with Mr. Rives.

Charles Clark argued the cause for appellee. With him on the brief were Marion Rushton, Earl E. Eisenhart, Jr., Sidney S. Alderman and Jos. F. Johnston.

MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.

The Southern Railway Company, appellee, brought this action in the Federal District Court to enjoin the members of the Alabama Public Service Commission and the Attorney General of Alabama, appellants, from enforcing laws of Alabama prohibiting discontinuance of certain railroad passenger service. Appellee's Alabama intrastate service is governed by a statute prohibiting abandonment of "any portion of its...

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