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ATCHISON, TOPEKA & SANTA FE RY. CO. v. SUMMERFIELD

Nos. 12663-12664.

229 F.2d 777 (1955)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Appellants, v. Arthur E. SUMMERFIELD, Postmaster General of the United States, Appellee. Arthur E. SUMMERFIELD, Postmaster General of the United States, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1955.

Petition for Rehearing Denied January 27, 1956.

Attorney(s) appearing for the Case

Mr. Francis M. Shea, Washington, D. C., with whom Messrs. J. Carter Fort, Gregory S. Prince, Lawrence J. Latto and Richard T. Conway, Washington, D. C., were on the brief, for appellants in No. 12663 and appellees in No. 12664. Mr. Alfred L. Scanlan, Washington, D. C., also entered an appearance for appellants in No. 12663 and appellees in No. 12664.

Mr. Edward H. Hickey, Atty., Dept. of Justice, with whom Mr. Paul A. Sweeney, Atty., Dept. of Justice, and Mr. Paul Meininger, Atty., Post Office Department, were on the brief, for appellee in No. 12663 and appellant in No. 12664.

Before EDGERTON, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is an action brought in the District Court by certain railroads for declaratory judgment and injunctive relief against the Postmaster General. It was alleged in the complaint that the Postal Service has conducted an experimental operation in the transportation of first-class (three-cent) mail by air between designated localities since early October, 1953; and that on October 6, 1954, the Postmaster General filed a petition with the Civil...

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