DIXIE CARRIERS v. UNITED STATES

Civ. A. No. 8171.

129 F.Supp. 28 (1954)

DIXIE CARRIERS, Inc., Coyle Lines Incorporated, American Barge Line Company, Federal Barge Lines, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. The New York Central Railroad Company, Chicago & Eastern Illinois Railroad Company, Illinois Terminal Railroad Company, and Wabash Railroad Company, Intervening Defendants.

United States District Court, S. D. Texas, Houston Division.

December 31, 1954.


Attorney(s) appearing for the Case

Donald Macleay (Macleay & Lynch), Washington, D. C.; for plaintiffs Dixie Carriers, Inc., and Coyle Lines, Inc.

Richard J. Hardy and Nuel D. Belnap (Belnap & McAuliffe), Chicago, Ill., for plaintiffs American Barge Line Co. and Federal Barge Lines, Inc.

E. V. Greenwood and Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for all plaintiffs.

Stanley N. Barnes, Asst. Atty. Gen., and Malcolm R. Wilkey, U. S. Atty., Houston, Tex., and Edward M. Reidy, Chief Counsel, Washington, D. C., and Samuel R. Howell, Asst. Chief Counsel and Leo H. Pou, Washington, D. C., for defendants the United States of America and the Interstate Commerce Comm.

John A. Daily, Chicago, Ill., and Palmer Hutcheson, Jr., (Hutcheson, Taliaferro & Hutcheson) Houston, Tex., for intervenors New York Central Railroad Co., Chicago and Eastern Illinois Railroad Co., Illinois Terminal Railroad Co., and Wabash Railroad Co.

E. V. Greenwood and Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., John H. Eisenhart, Jr., Washington, D. C., for intervening plaintiff American Waterways Operators, Inc.

Before HUTCHESON, Chief Circuit Judge, and CONNALLY and KENNERLY, District Judges.


KENNERLY, District Judge.

This is a suit by Plaintiffs, Dixie Carriers, Inc., Coyle Lines Incorporated, American Barge Line Company and Federal Barge Lines, Inc., against the Interstate Commerce Commission (for brevity called Commission) and the United States of America, Defendants. The New York Central Railroad Company, the Chicago and Eastern Illinois Railroad Company, the Illinois Terminal Railroad Company and the Wabash...

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