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CARGILL, INCORPORATED v. UNITED STATES

Civ. A. No. 59 C 335(3)

188 F.Supp. 386 (1960)

CARGILL, INCORPORATED, a corporation, A. L. Mechling Barge Lines, Inc., a corporation, Mississippi Valley Barge Line Company, a corporation, the Ohio River Company, a corporation, and Blaske, Inc., a corporation, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Pennsylvania Railroad Company et al., Intervening Defendants.

United States District Court E. D. Missouri, E. D.

September 16, 1960.

Attorney(s) appearing for the Case

William G. Guerri, and Thompson, Mitchell, Douglas & Neill, St. Louis, Mo., and Harold E. Spencer, and Belnap, Spencer, Hardy & Freeman, Chicago, Ill., for plaintiff, Cargill, Inc.

William G. Guerri, and Thompson, Mitchell, Douglas & Neill, St. Louis, Mo., and Edw. B. Hayes and Wilbur S. Legg, and Lord, Bissell & Brook, Chicago, Ill., for plaintiffs, A. L. Mechling Barge Lines et al.

Robert A. Bicks, Acting Asst. Atty. Gen., and John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., and William H. Webster, U. S. Atty., St. Louis, Mo., for defendant, United States of America.

Robt. W. Ginnane, General Counsel, and H. Neil Garson, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

Eugene S. Davis, St. Louis, Mo., Don McDevitt, Chicago, Ill., Donald M. Tolmie, Chicago, Ill., John W. Adams, Jr., Mobile, Ala., John M. Souby, Chicago, Ill., Richard J. Murphy, Chicago, Ill., James A. Gillen and James E. Steffarud, Chicago, Ill., for intervening defendants Pennsylvania Rd. Co. et al.

Before MATTHES, Circuit Judge, HARPER, Chief Judge, and WEBER, District Judge.

WEBER, District Judge.

Plaintiffs are barge line operators. They commenced this action on November 16, 1959, against the United States of America and the Interstate Commerce Commission seeking an injunction of the Commission's Fourth Section order No. 19059, entered January 9, 1959, and for a declaratory judgment. They are in competition with various railroads which can be classified into two groups: one, the eastern group which has trunk lines from Chicago, Illinois...

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