SEA-LAND SERVICE, INC. v. UNITED STATES

Civ. A. No. 2524.

222 F.Supp. 558 (1963)

SEA-LAND SERVICE, INC., a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Delaware.

August 8, 1963.


Attorney(s) appearing for the Case

Aaron Finger, Wilmington, Del., and John W. McConnell, Jr., Mobile Ala., for plaintiff, and Armbrecht, Jackson, McConnell & DeMouy, Mobile, Ala., Richards, Layton & Finger, Wilmington, Del., and Warren Price, Jr., Washington, D. C., of counsel.

Alexander Greenfeld, U. S. Atty., Wilmington, Del., Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

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

Frank O'Donnell, Wilmington, Del., for Intervening Motor Carrier defendants; Peter T. Beardsley, Washington, D. C., Norman J. Bolinger, Jacksonville, Fla., F. G. Freund, Bryce Rea, Jr., Washington, D. C., Dan R. Schwartz, Jacksonville, Fla., James E. Wilson, Washington, D. C., and Berl, Potter & Anderson, Wilmington, Del., Schwartz, Proctor & Bolinger, Jacksonville, Fla., and Watkins & Rea, Washington, D. C., of counsel, for Intervening Motor Carrier defendants.

Joseph H. Geoghegan, Wilmington, Del., for Intervening Railroad defendants; James A. Bistline, Washington, D. C., Albert B. Russ, Jr., Jacksonville, Fla., T. Randolph Buck, and Richard A. Hollander, Richmond, Va., of counsel.

Before KALODNER, Circuit Judge and RODNEY and STEEL, District Judges.


STEEL, District Judge.

Plaintiff Sea-Land Service, Inc., an intercoastal water carrier subject to the Interstate Commerce Commission under Part III of the Interstate Commerce Act, brought the present action against the United States and the Commission seeking to suspend and set aside an order of the Commission which became effective on September 16, 1960.

The order directed Sea-Land, then known as Pan-Atlantic Steamship Corporation, to cease and desist from...

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