HOUSTON BELT & TERMINAL RAILWAY CO. v. UNITED STATES

Civ. A. No. 10434.

153 F.Supp. 3 (1957)

HOUSTON BELT & TERMINAL RAILWAY COMPANY; Missouri Pacific Railroad Company; Chicago, Rock Island & Pacific Railroad Company; Fort Worth & Denver Railway Company; and Gulf, Colorado & Santa Fe Railway Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Texas & New Orleans Railroad Company, Intervenor.

United States District Court S. D. Texas, Houston Division.

July 29, 1957.


Attorney(s) appearing for the Case

R. S. Outlaw, L. W. Butterfield, Bruce Dwinell, John Guandolo, R. T. Cubbage, Chicago, Ill., T. R. Ware, G. W. Holmes, St. Louis, Mo., M. S. McCorquodate, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., C. M. Spence, Thompson, Mitchell, Thompson & Douglas, St. Louis, Mo., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., Malcolm R. Wilkey, U. S. Atty., Houston, Tex., James E. Kilday, James H. Durkin, Attys., Dept. of Justice, Washington, D. C., for defendant, United States.

Robert W. Ginnane, Gen. Counsel, Samuel R. Howell, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

Tom M. Davis, John F. Heard, Finis E. Cowan, Baker, Botts, Andrews & Shepherd, Houston, Tex., for intervenor Texas and N. O. R. Co.

Before BROWN, Circuit Judge, and CONNALLY and INGRAHAM, District Judges.


JOHN R. BROWN, Circuit Judge.

Brought under 28 U.S.C.A. § 1336 and 28 U.S.C.A. §§ 2321-2325, this action seeks to set aside an order of the Interstate Commerce Commission dismissing a complaint by the plaintiffs here against Texas & New Orleans Railroad Company (intervenors here). The complaint before the Commission was directed to the manner of effecting the interchange of railroad freight cars in Houston...

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