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ALABAMA GREAT SOUTHERN R. CO. v. UNITED STATES

Civ. A. No. 630.

103 F.Supp. 223 (1952)

ALABAMA GREAT SOUTHERN R. CO. et al. v. UNITED STATES.

United States District Court E. D. Virginia. At Alexandria.

Decided January 9, 1952.

Attorney(s) appearing for the Case

Howard W. Smith, Jr., Gardner L. Boothe, Alexandria, Va., Charles T. Abeles, Norfolk, Va., James A. Bistline, Washington, D. C., Joseph F. Eshelman, Philadelphia, Pa., Richard B. Gwathmey, Wilmington, N.C., L. James Huegel, Baltimore, Md., J. Edgar McDonald, New York City, Paul V. Miller, Philadelphia, Pa., and Clarence Raymond, Louisville, Ky., for plaintiffs.

Edward M. Reidy and Daniel W. Knowlton, Washington, D. C., for Interstate Commerce Commission.

Edmund D. Campbell and Wilbur La Roe, Jr., Washington, D. C., for The Port of New York Authority, intervener.

L. Jackson Embrey, Arlington, Va., and S. S. Eisen, New York City, for Seatrain Lines, Inc., intervener.

William P. Woolls, Jr., Special Asst. to U. S. Atty., Alexandria, Va., for the United States.

Before DOBIE, Circuit Judge, and HUTCHESON and BRYAN, District Judges.

BRYAN, District Judge.

Forty-one eastern and southern railroads ask us to hold for naught the Interstate Commerce Commission's order of November 13, 1951 awarding Seatrain Lines, Inc. temporary authority to operate as a common carrier of freight by self-propelled vessels between New York harbor and Savannah, Georgia. The order is based on the ultimate finding of the Commission of "an immediate and urgent need" for such service between those points with "no carrier...

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