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SAFEWAY TRAILS, INC. v. I. C. C.

Civ. A. No. 1061-59.

176 F.Supp. 201 (1959)

SAFEWAY TRAILS, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants, and Baltimore and Annapolis Railroad Company, Inc., Defendant-Intervenor.

United States District Court District of Columbia.

June 17, 1959.

Attorney(s) appearing for the Case

Maxwell A. Howell, Washington, D. C., Charles B. McInnis, Washington, D. C., on the brief, for plaintiff.

Arthur J. Cerra, Asst. Gen. Counsel, I. C. C., Washington, D. C., with whom Robert A. Bicks, Acting Asst. Atty. Gen., Oliver Gasch, U. S. Atty., Robert W. Ginnane, Gen. Counsel, I. C. C., and James H. Durkin, Atty., Dept. of Justice, Washington, D. C., were on the brief, for defendants.

Frank B. Hand, Jr., Washington, D. C., for defendant-intervenor.

Before WASHINGTON, Circuit Judge, and PINE and HART, District Judges, holding a statutory three-judge court.

WASHINGTON, Circuit Judge.

This is a suit to set aside an order of the Interstate Commerce Commission, dated March 2, 1959, and served March 13, 1959, granting an application by the Baltimore and Annapolis Railroad Company for a certificate of public convenience and necessity, pursuant to Section 207(a) of the Interstate Commerce Act, added by 49 Stat. 551 (1935), 49 U.S. C.A. § 307(a), to transport passengers in...

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