CENTRAL VERMONT RAILWAY, INC., et al., Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants.
United States District Court D. Vermont.https://leagle.com/images/logo.png
March 7, 1960.
March 7, 1960.
Attorney(s) appearing for the Case
Horace H. Powers, St. Albans, Vt. (J. Raymond Hoover, Washington, D. C., J. Edgar McDonald, New York City, William H. Parsons, Washington, D. C., John F. Reilly, New York City, of counsel), for plaintiffs.
Robert W. Ginnane, Gen. Counsel; H. Neil Garson, Associate Gen. Counsel, Washington, D. C., for Interstate Commerce Commission.
Robert A. Bicks, Acting Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Louis G. Whitcomb, U. S. Atty. for Vermont, Rutland, Vt., for United States.
John D. Carbine, Rutland, Vt., E. B. Ussery, Columbia, S. C. (Harvey L. Golden, Joseph J. Lipton, Columbia, S. C., of counsel), for intervenors.
Before WATERMAN, Circuit Judge, and FOLEY and GIBSON, District Judges.
United States District Court D. Vermont.
WATERMAN, Circuit Judge.
Ninety-one railroads1 join in this action to enjoin and annul certain orders of the Interstate Commerce Commission,2 entered pursuant to a decision of the full Commission reported at 303 ICC 743 (May 7, 1958). A single question is presented to this court: Does the Commission have jurisdiction over the foreign factor of a combination international rate when the foreign factor is a proportional...
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