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SOUTHERN RAILWAY COMPANY v. UNITED STATES

Civ. A. No. 2749.

180 F.Supp. 189 (1959)

SOUTHERN RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

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

Decided June 15, 1959.

Attorney(s) appearing for the Case

Thomas B. Gay, Richmond, Va., Seddon G. Boxley, Washington, D. C., for plaintiff.

James Y. Piper, Asst. Gen. Counsel, and Robert W. Ginnane, Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

E. Riggs McConnell, Atty., Dept. of Justice, Washington, D. C., and John M. Hollis, U. S. Atty., Norfolk, Va., for defendant the United States.

Richard B. Gwathmey, Wilmington, N. C., R. Granville Curry, Washington, D. C., Denny, Valentine & Davenport, Richmond, Va., for intervening defendants.

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

SOBELOFF, Circuit Judge.

The Southern Railway Company asks this 3-Judge Court, convened pursuant to 28 U.S.C.A. §§ 1336, 2284, and 2321-2325, to set aside and enjoin enforcement of an order of the Interstate Commerce Commission granting the Spartanburg Terminal Company a certificate of public convenience and necessity for the construction and operation of a tunnel and trackage under Southern's tracks near its passenger station in Spartanburg, South Carolina...

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