AMERICAN COM'L BARGE LINE CO. v. EASTERN GAS & FUEL ASS'N

Civ. A. No. 4847.

204 F.Supp. 451 (1962)

AMERICAN COMMERCIAL BARGE LINE COMPANY, and Mississippi Valley Barge Line Company, Plaintiffs, v. EASTERN GAS AND FUEL ASSOCIATES, Howard Butcher, III, Paul C. Cabot, Charles A. Coolidge, Leo F. Daley, E. M. Farnsworth, David Finkelstein, Henry W. Hills, C. B. Houston, II, R. W. Kurtz, Halfdan Lee, Thomas A. Passas, H. S. Payson Rowe, R. P. Tibolt, J. W. Tyson, II, as they are Trustees of Eastern Gas and Fuel Associates, Midland Enterprises, Inc., and The Ohio River Company, Defendants.

United States District Court S. D. Ohio.

April 23, 1962.


Attorney(s) appearing for the Case

Philip J. Schneider of Waite, Schindel, Bayless & Schneider, Cincinnati, Ohio, Arthur L. Winn, Jr., and James M. Henderson of LaRoe, Winn & Moerman, Harry C. Ames, of Ames, Hill & Ames, Howard Adler, Jr., of Bergson & Borkland, Washington, D. C., for plaintiffs.

Starbuck Smith, Jr., and Robert P. Goldman of Paxton & Seasongood, Cincinnati, Ohio, Warren F. Farr, of Ropes & Gray, Boston, Mass., John Ladd Dean, of Hahn, Loeser, Keough, Friedham & Dean, Cleveland, Ohio, for defendants.


DRUFFEL, District Judge.

1. This matter comes before this Court on the Motion to Dismiss filed herein by the defendants, Eastern Gas and Fuel Associates, Midland Enterprises Inc. and the Ohio River Company on the grounds:

(1) That the Amended Complaint raises issues within the primary and exclusive jurisdiction of the Interstate Commerce Commission under Section 5 of the Interstate Commerce Act (49 U.S.C.A. § 5).

(2) That the Amended Complaint...

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