MICHIGAN PUB. SERV. COM. v. UNITED STATES

Civ. A. 3377.

162 F.Supp. 670 (1958)

MICHIGAN PUBLIC SERVICE COMMISSION, Plaintiff, and Northport Cherry Factory, Inc., and Villages of Suttons Bay and Northport, Michigan, Intervening Plaintiffs, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission and The Chesapeake and Ohio Railway Company, a Virginia corporation, Intervening Defendants.

United States District Court W. D. Michigan, S. D.

May 15, 1958.


Attorney(s) appearing for the Case

Paul L. Adams, Atty. Gen. of Michigan, John E. Tormey and Robert A. Derengoski, Asst. Attys. Gen., for plaintiff Michigan Public Service Comm.

Matheson, Dixon & Brady, by Edmund M. Brady, Detroit, Mich., for intervening plaintiff Northport Cherry Factory, Inc.

Williams, Griffin, Thompson & Coulter, by K. E. Thompson, Traverse City, Mich., for intervening plaintiffs Villages of Suttons Bay and Northport, Mich.

Wendell A. Miles, U. S. Atty., Grand Rapids, Mich., Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and John C. Danielson, Attorneys, Dept. of Justice, Washington, D. C., for defendant United States of America.

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

Harrington, Waer, Cary & Martin, by John C. Cary, Grand Rapids, Mich., Edward H. Goodman and Allan E. Schmalzriedt, Detroit, Mich., for intervening defendant The Chesapeake & Ohio Ry. Co.

Before McALLISTER, Circuit Judge, and STARR and KENT, District Judges.


STARR, District Judge.

The material facts in this case are not in dispute. The Leelanau Transit Company, a Michigan corporation, owns 24.04 miles of railroad track and right of way in Leelanau county, Michigan, which it leases to the Chesapeake and Ohio Railway Company, a Virginia corporation. On June 12, 1957, the Transit Company and the Railway Company, in pursuance of § 1, pars. (18) to (20), inclusive, of the Interstate Commerce Act (49 U.S.C.A. § 1...

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