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ATLANTIC COAST LINE RAILROAD COMPANY v. UNITED STATES

Civ. No. 4747.

209 F.Supp. 157 (1962)

ATLANTIC COAST LINE RAILROAD COMPANY and Seaboard Air Line Railroad Company, Plaintiffs, and Swift and Company, Intervening Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Alcoa Steamship Company, Inc., Marine Transport Lines, Inc., and Tampa Terminals, Inc., Intervening Defendants.

United States District Court S. D. Florida.

September 10, 1962.

Attorney(s) appearing for the Case

David E. Wells, Prime F. Osborn, Jacksonville, Fla., Donald L. Turkal, Erle V. Zoll, Jr., Robert E. Northup, Richmond, Va., John S. Cox, Cox, Grissett, MacLean & Webb, Jacksonville, Fla., for plaintiffs.

Clarke Munn, Jr., Chicago, Ill., for intervening plaintiff.

Lee Loevinger, Asst. Atty. Gen., Richard A. Solomon, Atty., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Jacksonville, Fla., for United States.

Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Asst. Gen. Counsel, I. C. C., Washington, D. C., for Interstate Commerce Commission.

Harold B. Wahl, Jacksonville, Fla., and John Cunningham, T. S. L. Perlman, Washington, D. C., for intervening defendants Alcoa Steamship Co. Inc. and Marine Transport Lines, Inc.

Donald MacLeay and Harold E. Mesirow, of MacLeay, Lynch & McDonald, Washington, D. C., Harry C. Kincaid, of Knight, Kincaid, Poucher & Harris, Jacksonville, Fla., for intervening defendant Tampa Terminals, Inc.

Before JONES, Circuit Judge, and SIMPSON and McRAE, District Judges.

JONES, Circuit Judge.

The plaintiffs are competing rail carriers which serve, among other areas, the territory between Florida and Virginia. Prior to September 24, 1960, the plaintiffs' carload rate for hauling phosphate rock from Florida points to Norfolk, Virginia, and nearby points, was $5.36 per ton. The plaintiffs published a tariff to become effective on September 24, 1960, of $4.75 on such shipments. Protests were made to the Interstate Commerce Commission...

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