SOUTHERN RAILWAY COMPANY v. UNITED STATES

Civ. A. No. 3418.

217 F.Supp. 159 (1963)

SOUTHERN RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court E. D. Virginia, at Richmond.

Decided April 23, 1963.


Attorney(s) appearing for the Case

R. Granville Curry, Washington, D. C. (Thomas B. Gay, Richmond, Va., Armistead L. Boothe, Alexandria, Va., and Henry J. Karison, Washington, D. C., on the brief), for plaintiff.

Stanton P. Sender, Washington, D. C. (Robert W. Ginnane, Gen. Counsel of Interstate Commerce Commission, Lee Loevinger, Asst. Atty. Gen., Joel E. Hoffman, Attorney, Department of Justice, Claude Vernon Spratley, U. S. Atty., Richmond, Va., and MacDougal Rice, Asst. U. S. Atty., Alexandria, Va., on the brief), for defendants Interstate Commerce Commission and the United States of America.

Clarence Raymond, Louisville, Ky. (Meade T. Spicer, Jr., Richmond, Va., Joseph L. Lenihan, Louisville, Ky., on the brief), for Louisville & Nashville Railroad Company intervening defendants.

Before BRYAN, Circuit Judge, and JOHN PAUL and LEWIS, District Judges.


ALBERT V. BRYAN, Circuit Judge.

Freight rates of the Louisville & Nashville Railroad Company were arraigned before the Interstate Commerce Commission by the Southern Railway Company as unlawful because unjust, unreasonable and discriminatory.1 The accused tariffs apply to the movement of coal from Kentucky, Tennessee and Alabama mines to Krannert, Georgia. Its complaint dismissed by the Commission,2 Southern...

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