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BENTON v. UNITED STATES

Civ. No. 1028.

114 F.Supp. 37 (1953)

BENTON et al. v. UNITED STATES et al.

United States District Court M. D. Georgia, Macon Division.

August 24, 1953.

Attorney(s) appearing for the Case

Charles J. Bloch, and Denmark Groover, Jr., of Bloch, Hall, Groover & Hawkins, Macon, Ga., for the plaintiffs.

John H. D. Wigger, Special Asst. to Atty. Gen., Washington, D. C., Frank O. Evans, U. S. Atty., Milledgeville, Ga., for the United States.

C. H. Johns, Asst. Chief Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

A. R. Lawton, T. M. Cunningham, George O'Donnell, John B. Miller, of Lawton & Cunningham, Savannah, Ga., Gen. Walter A. Harris, Harris, Russell, Weaver & Watkins, Macon, Ga., for Central of Georgia Railway Co.

W. Walter Douglas, Douglas, McWhorter & Adams, Savannah, Ga., for Savannah Widows Society, et al.

Before RUSSELL, Circuit Judge, and DAVIS and CONGER, District Judges.

CONGER, District Judge.

The plaintiffs in this case are stockholders of the Southwestern Railroad Company. The defendants are the Interstate Commerce Commission and the United States of America. The plaintiffs are relatively few in number and possess a comparatively small amount of stock. As a matter of fact, the statement was made, in the argument, and uncontroverted, as far as I recall, that the plaintiffs consist of only eight of the more than five hundred shareholders...

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