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LYNCHBURG TRAFFIC BUREAU v. UNITED STATES

Civ. A. No. 580.

225 F.Supp. 874 (1963)

LYNCHBURG TRAFFIC BUREAU, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Norfolk and Western Railway Company, et al., Intervening Defendants.

United States District Court W. D. Virginia, Lynchburg Division.

November 21, 1963.

Attorney(s) appearing for the Case

Wilbert G. Burnette, Lynchburg, Va., for plaintiff.

Thomas H. Ploss, Washington, D. C. (Robert W. Ginnane, Gen. Counsel of Interstate Commerce Commission, William H. Orrick, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Thomas B. Mason, U. S. Atty., Roanoke, Va., on brief), for defendants Interstate Commerce Commission and United States of America.

Martin A. Meyer, Jr., New York City, for intervening defendant railways.

Before BRYAN, Circuit Judge, and PAUL and MICHIE, District Judges.

ALBERT V. BRYAN, Circuit Judge.

Freight rates on bituminous fine coal from mines in Kentucky, Virginia and West Virginia to Lynchburg, Virginia prescribed by the defendant ten railroads, the Lynchburg Traffic Bureau charged before the Interstate Commerce Commission, violated sections 1(5), 1(6), 2, 3(1) and 4 of the Interstate Commerce Act, 49 U.S.C. § 1 et seq., as unjust and unreasonable, discriminatory, prejudicial to Lynchburg and unduly preferential...

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