STATE OF NORTH CAROLINA v. UNITED STATES

Civ. No. 302.

124 F.Supp. 529 (1954)

STATE of NORTH CAROLINA, North Carolina Utilities Commission, County Commissioners of Richmond County, Town of Ellerbe, Harris M. McRae, North Carolina Farm Bureau Federation, Incorporated, Robert E. Swann, North Carolina Pulp Company, Commonwealth Hosiery Mills, and R. L. Bennett, Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and Norfolk Southern Railway Company, Defendants.

United States District Court M. D. North Carolina.

Decided September 29, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., North Carolina, John Hill Paylor, Asst. Atty. Gen., North Carolina, Pittman & Webb, Rockingham, N. C., Broughton & Broughton, Raleigh, N. C., Jones & Jones, Rockingham, N. C., for plaintiffs.

Arthur J. Winder, Cadwallader J. Collins, Norfolk, Va., Simms & Simms, Raleigh, N. C., for defendant Norfolk Southern Railway Co.

Edward M. Reidy, Gen. Counsel, I. K. Hay, Asst. Gen. Counsel, Washington, D. C., James E. Kilday, Willard R. Memlar, Special Assts. to the Atty. Gen., Stanley N. Barnes, Asst. Atty. Gen., and Edwin M. Stanley, U. S. Atty., Greensboro, N. C., for defendants United States and Interstate Commerce Commission.

Before PARKER, Circuit Judge, and HAYES and WARLICK, District Judges.


PARKER, Circuit Judge.

This is an action to enjoin and set aside that portion of an order of the Interstate Commerce Commission which authorizes the Norfolk Southern Railway Company to abandon a portion of one of its branch lines. A court of three judges has been constituted under 28 U.S.C. § 2284, as required by 28 U.S.C. § 2325, and the case has been submitted for final decree upon the record made before the Commission and the briefs and oral arguments...

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