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NORTH CAROLINA NATURAL GAS CORP. v. UNITED STATES

Civ. A. No. 2360.

200 F.Supp. 740 (1961)

NORTH CAROLINA NATURAL GAS CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Delaware, at Wilmington.

July 25, 1961.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., and George T. Coulson (Morris, Nichols, Arsht & Tunnell) Wilmington, Del., and William J. Grove (Dow, Lohnes & Albertson) Washington, D. C., for plaintiff.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., for defendant the United States.

H. Neil Garson, Washington, D. C., Assoc. Gen. Counsel for Interstate Commerce Commission.

Joseph L. Lenihan, Louisville, Ky., for Louisville & Nashville Railroad Co., intervenor.

Earl E. Eisenhart, Jr., Washington, D. C., for Southern Ry. Co., intervenor.

Homer S. Carpenter (Rice, Carpenter & Carraway) Washington, D. C., for Property Owners Committee, intervenor.

Charles F. Rouse, Raleigh, N. C., for Carolina Power & Light Co., intervenor.

LEAHY, Senior District Judge.

Plaintiff's arguments for equitable relief are cast in the orthodox mold, viz.: irreparable harm by the ICC orders; the sought injunction will cause no injury or damage to others; continued effectiveness of the filed Tariffs and rates will cause sales of natural gas to Carolina Power and Light Company to be uneconomical to plaintiff and destroy contractual arrangements entered by that company with plaintiff, with the resultant destruction...

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