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CLEVELAND ELECTRIC ILLUMINATING CO. v. UNITED STATES

Civ. A. Nos. 32881, 32882, 32886.

147 F.Supp. 622 (1956)

The CLEVELAND ELECTRIC ILLUMINATING COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. The NORTH AMERICAN COAL CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. OHIO COAL ASSOCIATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Ohio, E. D.

December 17, 1956.

Attorney(s) appearing for the Case

Richard J. Hardy, Harold E. Spencer, Nuel D. Belnap, Chicago, Ill., Donald H. Hauser and Lee C. Howley, Cleveland, Ohio, for Cleveland Electric Illuminating Co.

Bruce W. Eaken, Crede C. Calhoun (of Jones, Day, Cockley & Reavis), Cleveland, Ohio, for the North American Coal Corp.

C. F. Taplin, Jr., Rufus S. Day, Jr., George D. Kinder, of McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, Cleveland, Ohio, for Ohio Coal Assn.

Sumner Canary, U. S. Atty., Cleveland, Ohio, Victor R. Hansen, James E. Kilday, E. Riggs McConnell, Dept. of Justice, Washington, D. C., for United States.

Robert W. Ginnane and Samuel R. Howell, Washington, D. C., for Interstate Commerce Commission.

Dwight Buss, of Baker, Hostetler & Patterson, Cleveland, Ohio, for Baltimore & O. R. Co.

Edward A. Kaier, Philadelphia, Pa., Andrew C. Armstrong and Anthony P. Donadio, Baltimore, Md., John P. Fishwick, Roanoke, Va., John W. Hanifin, Richmond, Va., Richard J. Murphy, Chicago, Ill., W. A. Wilkinson, M. C. Smith, Jr., Howard F. Burns and Dwight B. Buss, Cleveland, Ohio, for Intervening Railroads.

Before ALLEN, Circuit Judge, JONES, Chief Judge, and McNAMEE, District Judge.

McNAMEE, District Judge.

These consolidated cases were separately brought against the United States and the Interstate Commerce Commission (hereinafter called the Commission) by the Cleveland Electric Illuminating Company, a producer and distributor of electricity and steam in the Cleveland area, the North American Coal Company, a producer and shipper of bituminous coal, and the Ohio Coal Association, an organization of coal producers, to vacate the Interstate Commerce...

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