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ALABAMA, TENNESSEE AND NORTHERN RAILROAD COMPANY v. UNITED STATES

Civ. A. No. 2747.

207 F.Supp. 638 (1962)

ALABAMA, TENNESSEE AND NORTHERN RAILROAD COMPANY et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court S. D. Alabama, S. D.

July 6, 1962.

Attorney(s) appearing for the Case

R. Wray Henriott, Louisville, Ky., Martin A. Meyer, Jr., Washington, D. C., Donald M. Tolmie, Howard D. Koontz, Chicago, Ill., Leo H. Pou and John W. Adams, Jr., Mobile, Ala., for plaintiffs.

Richard A. Solomon, Attorney, Department of Justice, Washington, D. C., Vernol R. Jansen, Jr., U. S. Atty., Mobile, Ala., for the United States.

Robert W. Ginnane, General Counsel, Interstate Commerce Commission, Washington, D. C., Neil Garson, Attorney, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

John M. Cleary and John F. Donelan, Washington, D. C., Albert J. Tully, Mobile, Ala., for intervenors Hillsborough County Port Authority, the Greater Tampa Chamber of Commerce, the County of Hillsborough of State of Florida, and City of Tampa, Fla.

Louis A. Schwartz, New Orleans, La., for intervenor New Orleans Traffic and Transportation Bureau.

Nicholas S. Hare, Alabama State Docks Department, Mobile, Ala., for intervenor Mobile Port Traffic Bureau, Inc.

Before GEWIN, Circuit Judge, and THOMAS and JOHNSON, District Judges.

PER CURIAM.

This is a suit brought under the provisions of Title 28, Sections 2321-2325, inclusive, U.S.C., to set aside and annul a report and order of the Interstate Commerce Commission.

Motion for a temporary restraining order was granted on the 1st day of February 1962.

The action was heard by a statutory three-judge court under the provisions of Section 2325, on June 1, 1962, after which hearing the temporary restraining order remained in effect...

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