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ATLANTIC COAST LINE RAILROAD COMPANY v. UNITED STATES

Civ. A. No. 4724-J.

202 F.Supp. 456 (1962)

ATLANTIC COAST LINE RAILROAD COMPANY and Seaboard Air Line Railroad Company, Plaintiffs, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission and S. C. Loveland Company, Inc., Intervening Defendants.

United States District Court S. D. Florida, Jacksonville Division.

January 18, 1962.

Attorney(s) appearing for the Case

David E. Wells, Jacksonville, Fla., Wilkes C. Robinson, Richmond, Va., for plaintiffs; P. C. Beverly, Albert B. Russ, Jr., Prime F. Osborn, Jacksonville, Fla., of counsel.

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

Robert W. Ginnane, Gen. Counsel, James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for intervening defendant Interstate Commerce Commission.

Donald Macleay, Harold Mesirow, Macleay, Lynch & Macdonald, Washington, D. C., for intervening defendant S. C. Loveland Co., Inc.; Knight, Kincaid, Poucher & Harris, Jacksonville, Fla., of counsel.

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

McRAE, District Judge.

S. C. Loveland Company, Inc. (Loveland) operates under authorization of the Interstate Commerce Commission as a common carrier by water between various Atlantic seaboard ports from Maine to Key West. On December 23, 1958, Loveland applied to the Interstate Commerce Commission for a revised certificate of public convenience and necessity, authorizing an extension of its operating authority to Tampa, Florida, and intermediate points on the west...

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