MALONE FREIGHT LINES v. UNITED STATES

Civ. A. No. 8793.

159 F.Supp. 952 (1957)

MALONE FREIGHT LINES, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, and Gulf, Mobile & Ohio Railroad Co. et al., Defendants.

United States District Court N. D. Alabama, S. D.

November 7, 1957.


Attorney(s) appearing for the Case

Maurice F. Bishop, Birmingham, Ala., for plaintiff.

W. L. Longshore, U. S. Atty., and M. L. Tanner, Asst. U. S. Atty., Birmingham, Ala., and Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Charles R. Esherick, Attys., Department of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, General Counsel, and Carroll T. Prince, Jr., Washington, D. C., for Interstate Commerce Commission.

Leo H. Pou, Washington, D. C., and John W. Adams, Jr., Mobile, Ala., for Gulf, M. & O. R. Co.

Clarence Raymond, Louisville, Ky., for Louisville & N. R. Co.

Earl E. Eisenhart, Jr., Washington, D. C., for Southern R. Co.

Before RIVES, Circuit Judge, and LYNNE and GROOMS, District Judges.


PER CURIAM.

By this action,1 the plaintiff seeks to set aside and enjoin certain orders entered by the Interstate Commerce Commission on August 15, 1956, February 18. 1957, and June 28, 1957, in its Investigation and Suspension Docket No. M-7730, Facing or Flooring Tile—Malone Freight Lines, Inc., 68 M.C.C. 211, requiring cancellation of rates published by the plaintiff to apply to the movement of facing and flooring tile between...

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