LUCKENBACH STEAMSHIP COMPANY, Inc., Plaintiff,
v.
UNITED STATES of America
and
Baltimore and Ohio Railroad Company, Chicago, Rock Island and Pacific Railroad Company, Denver and Rio Grande Western Railroad Company, Pennsylvania Railroad Company, Reading Company, Southern Pacific Company, and Toledo, Peoria & Western Railroad Company, Defendants.
United States District Court D. Delaware.https://leagle.com/images/logo.png
December 14, 1959.
December 14, 1959.
Attorney(s) appearing for the Case
S. Samuel Arsht and Andrew B. Kirkpatrick, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Mark P. Schlefer, John Cunningham and Israel Convisser of Kominers & Fort, Washington, D. C., for plaintiff.
Leonard G. Hagner, U. S. Dist. Atty., Wilmington, Del., Robert A. Bicks, Acting Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant, United States.
Robert W. Ginnane, Gen. Counsel, I.C. C. and H. Neil Garson, Associate Gen. Counsel, I.C.C., Washington, D. C., for Interstate Commerce Commission.
William S. Potter and Henry R. Horsey, of Berl, Potter & Anderson, Wilmington, Del., Jeremiah C. Waterman and Edward M. Reidy, Washington, D. C., Andrew C. Armstrong, Baltimore, Md., and Charles Burkett, Jr., San Francisco, Cal., for above-listed Railroad defendants.
Charles McD. Gillan, Jr., Baltimore, Md., for intervenor, North Atlantic Ports Conference.
Aaron Finger and E. Norman Veasey of Richards, Layton & Finger, Wilmington, Del., Alvin J. Rockwell and Willis R. Deming of Brobeck, Phleger & Harrison, San Francisco, Cal., and Washington, D. C., for intervenor, Pacific American Steamship Ass'n.
John P. Daley, Wilmington, Del., and Raymond A. Negus of Cake & Negus, Washington, D. C., for intervenors, Northwest Canners and Freezers Assn., Inc., and Canners League of Calif.
William Prickett, Sr., and William Prickett, Jr., of Prickett & Prickett, Wilmington, Del., for defendants, Baltimore & Ohio Railroad Co., and Reading Co.
Before BIGGS, Circuit Judge, and WRIGHT and RODNEY, District Judges.
United States District Court D. Delaware.
CALEB M. WRIGHT, District Judge.
This injunction action initiated by plaintiff, Luckenbach Steamship Company, Inc. (Luckenbach) against the United States and certain railroads, seeks: "(1) to enjoin, set aside, annul, suspend or rescind the action and order of the Interstate Commerce Commission, an agency of said defendant [United States], denying plaintiff's petition for suspension * * * of certain railroad rates published...
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