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I. C. C. v. ATLANTIC COAST LINE R. CO.

No. 20485.

334 F.2d 46 (1964)

INTERSTATE COMMERCE COMMISSION, Appellant, v. ATLANTIC COAST LINE R. CO. et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 8, 1964.

Attorney(s) appearing for the Case

Donald C. Lehman, Asst. U. S. Atty., Jacksonville, Fla., Leonard S. Goodman, Atty., I.C.C., Robert W. Ginnane, Gen. Counsel, I.C.C., Washington, D. C., for appellant.

Phil C. Beverly, Jacksonville, Fla., J. Edgar McDonald, New York City, Urchie B. Ellis, Richmond, Va., for appellees.

John F. Donolan, John M. Cleary, Washington, D. C., Harold E. Spencer, Chicago, Ill., amici curiae.

Before TUTTLE, Chief Judge, and POPE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The question in this case — arising for the first time in the 75-year operation of the Interstate Commerce Act — is whether a carrier may sue to set aside a reparation award of the Commission under § 16 (1) by a suit under § 17(9), 28 U.S.C.A. §§ 1336, 1398, 2321-2323, or must confine its challenge as a defense in the Shipper's suit when, where and as brought under § 16(2). The District Court upheld...

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