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STATE OF NORTH CAROLINA v. UNITED STATES

No. C-158-D-62.

210 F.Supp. 675 (1962)

STATE OF NORTH CAROLINA; Duke University; The Durham Chamber of Commerce, Incorporated; Research Triangle Institute; Erwin Mills, Inc.; and Mary Trent Semans, Plaintiffs, v. UNITED STATES of America; Interstate Commerce Commission; and Southern Railway Company, Defendants.

United States District Court M. D. North Carolina, Durham Division.

October 19, 1962.

Attorney(s) appearing for the Case

Thomas Wade Bruton and Charles W. Barbee, Raleigh, N. C., for State of North Carolina.

E. C. Bryson, Durham, N. C., for Duke University.

F. Gordon Battle and Victor S. Bryant, Durham, N. C., for Durham Chamber of Commerce and Research Triangle.

A. H. Graham, Jr., Durham, N. C., for Erwin Mills.

E. C. Brooks, Jr., Durham, N. C., for Mary Trent Semans.

H. Neil Garson, Washington, D. C., and William H. Murdock, Dist. Atty., for the United States.

H. Neil Garson, Washington, D. C., for Interstate Commerce Commission.

Joyner & Howison, Raleigh, N. C., Major L. P. McLendon, Greensboro, N. C., James A. Bistline, Washington, D. C., and Earl E. Eisenhart, Jr., Washington, D. C., for Southern Ry. Co.

Before BELL, Circuit Judge, and CRAVEN and PREYER, District Judges.

PREYER, District Judge.

This is an action brought under Title 28 U.S.C. § 1336, in accordance with Title 28 U.S.C. §§ 1938, 2284 and 2321-2325. Its purpose is to set aside and enjoin enforcement of an order of the ICC granting Southern Railway Co. the right to discontinue all remaining passenger service between Greensboro, N. C. and Goldsboro, N. C. Acting under Title 49 U.S.C. § 13a(2)1, the Commission found that ...

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