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STATE OF TENNESSEE v. UNITED STATES

Civ. No. 1595.

113 F.Supp. 634 (1953)

STATE OF TENNESSEE et al. v. UNITED STATES et al.

United States District Court M. D. Tennessee, Nashville Division.

May 18, 1953.

Attorney(s) appearing for the Case

Alfred T. McFarland, General Counsel, Railroad and Public Utilities Commission of Tennessee, Nashville, Tenn., for plaintiffs.

Robt. H. Marquis, Tennessee Valley Authority, Knoxville, Tenn., for intervenor in support of the complaint.

A. O. Denning, U. S. Atty., Nashville, Tenn., and S. R. Howell, Assistant Chief Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

C. P. Reynolds, Washington, D. C., James A. Bistline, Washington, D. C., and Robert E. Webb, Louisville, Ky., for intervenors in opposition to the complaint.

Before MARTIN, Circuit Judge, and DAVIES and BOYD, District Judges.

PER CURIAM.

The cause was submitted upon the pleadings, exhibits, and argument of counsel for plaintiffs, intervenors, and defendants, and, after due consideration thereof, the Court enters its Findings of Fact and Conclusions of Law, as follows:

Findings of Fact

1. In a case known as Ex Parte 166, the Class 1 rail carriers applied to the Interstate Commerce Commission (hereinafter called the ICC) for a general increase of their freight rates and...

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