SOUTHERN RAILWAY COMPANY v. UNITED STATES

Civ. A. No. 2432.

154 F.Supp. 562 (1957)

SOUTHERN RAILWAY COMPANY et al., Plaintiffs, v. The UNITED STATES of America et al., Defendants.

United States District Court E. D. Virginia, at Richmond.

Decided June 19, 1957.


Attorney(s) appearing for the Case

Thomas B. Gay, Richmond, Va., James A. Bistline, Washington, D. C., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., Washington, D. C., Lester S. Parsons, Jr., U. S. Atty., Richmond, Va., James E. Kilday, and Charles R. Esherick, Washington, D. C., Dept. of Justice, for defendant United States.

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

John W. Adams, Jr., Mobile, Ala., Charles P. Reynolds, Norfolk, Va., W. A. Miller, Nashville, Tenn., Clifford T. Coomes, Louisville, Ky., Martin A. Meyer, Jr., Washington, D. C., R. B. Claytor, Roanoke, Va., R. B. Gwathmey, Wilmington, N. C., Walter C. Scott, Jr., Savannah, Ga., John S. Davenport, III Richmond, Va., for railroad intervenors, defendants and counter-claimants.

Robert N. Burchmore, Chicago, Ill., for Cramet, Inc., intervening defendant.

Before SOBELOFF, Circuit Judge, and HUTCHESON and BRYAN, District Judges.


HUTCHESON, District Judge.

Southern Railway Company, hereinafter referred to as Southern, and The Cincinnati, New Orleans and Texas Pacific Railway Company, hereinafter referred to as C. N. O. & T. P., and collectively the two referred to as plaintiffs, bring this action under Sections 1336, 1398, 2284 and 2321-2325 of Title 28, U.S.C.A. and Section 1009 of Title 5, U.S.C.A., to set aside and permanently enjoin the...

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