TAMPA TRAFFIC ASSOCIATION v. UNITED STATES

Civ. A. No. 2384.

132 F.Supp. 948 (1955)

TAMPA TRAFFIC ASSOCIATION, a Non-Profit Corporation, Tampa Chamber of Commerce, a Non-Profit Corporation, Hillsborough County Port Authority, a Body Politic and Corporate of the State of Florida, County of Hillsborough of the State of Florida, and City of Tampa, Florida, a Municipal Corporation, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. Florida, Tampa Division.

April 21, 1955.


Attorney(s) appearing for the Case

J. Hardin Peterson, Lakeland, Fla., Roy C. Brown, of the firm of Brown, Brown & Corcoran, Tampa, Fla., for plaintiffs.

Herbert Brownell, Jr., Atty. Gen. of the United States, James L. Guilmartin, U. S. Atty., Southern Dist. of Florida, Miami, Fla., Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday and E. Riggs McConnell, Sp. Assts. to the Atty. Gen., for defendants.

Berger & Snetman, Miami, Fla., for the Greater Miami Traffic Ass'n, the Broward County Port Authority, the Dade County Port Authority, and the Fort Pierce Port Authority.

F. C. Hillyer, Jacksonville, Fla., for the South Atlantic Ports Ass'n, the North Carolina State Ports Authority, the City of Wilmington, North Carolina, Bureau of Rates, Industry and Commerce, South Carolina State Ports Authority, Georgia Ports Authority, Savannah Traffic Bureau, City of Jacksonville, Florida, Jacksonville Chamber of Commerce, and the Jacksonville Traffic Bureau.

H. Neil Garson, Atty., and Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., Louis A. Schwartz, New Orleans, La., for the New Orleans Traffic and Transportation Bureau, etc.

Arthur J. Dixon, Washington, D. C., for Law Dept., Southern Railway System, intervening defendant railroads.

Erle J. Zoll, Jr., Gen. Commerce Atty., Chicago, Ill., Illinois Central Railroad Co., Y. D. Lott, Jr., Gen. Sol., Mobile, Ala., Gulf, Mobile and Ohio Railroad Co., R. W. Henriott, Commerce Atty., Louisville, Ky., Louisville & Nashville Railroad Co., Osborne, Copp & Markham, Jacksonville, Fla., Division Counsel, Southern Railway Co., Joe L. Lockett, Jr., Houston, Tex., and Fulbright, Crooker, Freeman & Bates, Houston, Tex., for Harris County, Houston, Texas Ship Channel Navigation District.

Before TUTTLE, Circuit Judge, and BARKER and SIMPSON, District Judges.


TUTTLE, Circuit Judge.

This is an action brought by the City of Tampa, Florida, the County of Hillsborough, and local non-profit traffic and port authorities interested in the favorable development of the port of Tampa, seeking a decree of this court setting aside certain reports and orders of the Interstate Commerce Commission, which the plaintiffs contend give "undue or unreasonable preference or advantage" to certain other Gulf and South Atlantic ports in respect...

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