STATE OF SOUTH CAROLINA ex relatione SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Complainant,
v.
The UNITED STATES of America, The Interstate Commerce Commission, and the Atlantic Coast Line Railroad Company as the representative of all the railroad companies affected by the report of the Interstate Commerce Commission dated June 20, 1955 and by its order dated September 19, 1955, Docket No. 31291, Defendants.
United States District Court E. D. South Carolina.https://leagle.com/images/logo.png
Argued November 4, 1955.
Decided January 3, 1956.
Attorney(s) appearing for the Case
T. C. Callison, Atty. Gen. of South Carolina, and Irvine F. Belser, Gen. Counsel, South Carolina Public Service Commission, Columbia, S. C., for complainant.
R. B. Gwathmey, Wilmington, N. C., Douglas McKay, Washington, D. C., U. B. Ellis, Wilmington, N. C., Charles P. Reynolds, James A. Bistline, Washington, D. C., James B. McDonough, Jr., Norfolk, Va., John H. Lumpkin, Frank G. Tompkins, Jr., Columbia, S. C., for defendant Railroad Companies.
Stanley N. Barnes, Asst. Atty. Gen., N. Welch Morrisette, Jr., U. S. Atty., Columbia, S. C., James E. Kilday, Maurice A. Fitzgerald, Samuel R. Howell, Leo H. Pou, Robert W. Ginnane, Washington, D. C., for defendants the United States and Interstate Commerce Commission.
Before PARKER, Circuit Judge, and TIMMERMAN and WILLIAMS, District Judges.
United States District Court E. D. South Carolina.
PARKER, Circuit Judge.
This is an action to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission entered under section 13(4) of the Interstate Commerce Act, 49 U.S.C.A. § 13(4),1 granting an increase in the intrastate freight rates for hauling certain commodities on railroads in the State of South Carolina. A court of three judges has been constituted as required by statute, the case has been heard...
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