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BALTIMORE AND OHIO RAILROAD COMPANY v. UNITED STATES

Civ. No. 13530.

217 F.Supp. 918 (1963)

The BALTIMORE AND OHIO RAILROAD COMPANY, Boston and Maine Railroad, et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Maryland.

June 5, 1963.

Attorney(s) appearing for the Case

C. C. Rettberg, Jr., Baltimore, Md., J. Edgar McDonald, New York City, Chester A. Prior, Boston, Mass., for plaintiffs.

Joseph D. Tydings, U. S. Atty., Robert W. Kernan, Asst. U. S. Atty., Baltimore, Md., William H. Orrick, Jr., Donald B. MacGuineas, Robert W. Ginnane, Arthur J. Cerra, Dept. of Justice, Washington, D. C., and Frederick B. Abramson, Dept. of Justice, for defendants.

WINTER, District Judge.

This is an action, under 5 U.S.C.A. § 1009, 28 U.S.C.A. § 1336, and 49 U.S. C.A § 17(9), to suspend, enjoin, set aside, and annul an order of the Interstate Commerce Commission determining that certain rates charged to the United States for the carriage of military vehicles by the plaintiff, The Baltimore and Ohio Railroad Company (hereafter called "B. & O."), during the period March 13, 1947 to May 12, 1952, and certain...

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