KOPPERS COMPANY v. UNITED STATES

Civ. No. 12974.

132 F.Supp. 159 (1955)

KOPPERS COMPANY, Inc., Plaintiff, v. UNITED STATES of America, Defendant, and The Interstate Commerce Commission et al., Intervening Defendants.

United States District Court W. D. Pennsylvania.

June 7, 1955.


Attorney(s) appearing for the Case

Moorhead & Knox, Pittsburgh, Pa., for National Water Carriers Ass'n, intervenors.

John M. Crimmins, John B. Keeler, Richard E. Spatz, Pittsburgh, Pa., for Koppers Co., Inc.

John W. McIlvaine, U. S. Atty., Pittsburgh, Pa., Herbert Brownell, Atty. Gen., John Wigger, Sp. Asst. to the Atty. Gen., for the United States.

Elder Marshal, John J. Heard, of Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Chesapeake & O. Ry. Co., Virginian Ry. Co. and Norfolk & Western Ry. Co.

Edward K. Reidy, Gen. Counsel, Isaac K. Hay, Asst. Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.

Raymond Goehring, Pittsburgh, Pa., Leonard S. Leaman, Frank J. Clark, New York City, for James McWilliams Blue Line, Inc., intervenor.

Harold R. Schmidt, of Rose, Rose & Houston, Pittsburgh, Pa., for Property Owners' Committee.

Before STALEY, Circuit Judge, and GOURLEY and WILLSON, District Judges.


GOURLEY, Chief Judge.

This is a suit to enjoin, set aside and annul an order entered by the Interstate Commerce Commission on October 4, 1954, 28 U.S.C. §§ 1331, 1336, 2284, 2321-2325.

It came on to be heard before a specially constituted statutory court pursuant to the provisions of Title 28 U.S.C. §§ 2284 and 2321-2325.

In addition to the United States as statutory defendant, the Interstate...

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