AMARILLO-BORGER EXPRESS v. UNITED STATES

Civ. A. 6289.

138 F.Supp. 411 (1956)

AMARILLO-BORGER EXPRESS, Inc., et al. v. UNITED STATES of America.

United States District Court N. D. Texas, Dallas Division.

January 24, 1956.


Attorney(s) appearing for the Case

Ralph W. Currie, Dallas, Tex., for complainants, Amarillo-Borger Express Co. and others.

William R. McDowell, Dallas, Tex., for intervenor, Southwestern Railroads.

Stanley N. Barnes, Asst. Atty. Gen., Heard L. Floore, U. S. Atty., Fort Worth, Tex., John C. Ford, Asst. U. S. Atty., Dallas, Tex., James E. Kilday, Albert Parker, Attys., Dept. of Justice, Earl E. Pollock, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, I.C.C., Washington, D. C., Bernard H. English, Atty., I.C.C., Fort Worth, Tex., H. Neil Garson, Attys., Carroll T. Prince, Jr., I.C.C., Washington, D. C., for Interstate Commerce Commission.

Before BROWN, Circuit Judge, and ATWELL and ESTES, District Judges.


BROWN, Circuit Judge.

This is another skirmish in the running battle over freight rates for transportation of carbon black from the Southwestern area to the industrial area in the East. The precise question presented is whether the Interstate Commerce Commission's action in vacating a prior suspension of proposed rail rates was proper and, preliminary to that, whether such Commission act is reviewable at all.

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