NORTH CAROLINA NATURAL GAS CORP. v. UNITED STATES

Civ. A. No. 2360.

200 F.Supp. 745 (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.

November 27, 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., et al., intervenors, and on the Briefs for Clinchfield Railroad Co., Atlantic Coast Line Railroad Co., Norfolk & Western Railway Co., Seaboard Airline Railroad Co., Piedmont & Northern Ry. Co., The Chesapeake & Ohio Ry. Co., The Cincinnati, New Orleans & Texas Ry. Company, Interstate Railroad Company, Southern Ry. Co., and Carolina Power & Light Co.

Henry J. Karison, and 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 and Assoc. of Coal Mine Operators, intervenor.

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

GOODRICH, Circuit Judge, and RODNEY and LEAHY, Senior District Judges.


LEAHY, Senior District Judge.

North Carolina Natural Gas Corporation filed suit under § 17(9) of the Interstate Commerce Act, 49 U.S.C.A. § 17(9), to review certain orders of the Interstate Commerce Commission. This Court has jurisdiction under the Act and under 28 U.S.C. §§ 1336, 2284, 2321-2325, and the complaint is properly before this Court under 28 U.S.C. § 1398 in that plaintiff is a Delaware corporation.

The orders of the ICC...

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