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SOUTHERN R. CO. v. NORTH CAROLINA

No. 74.

376 U.S. 93 (1964)

SOUTHERN RAILWAY CO. v. NORTH CAROLINA ET AL.

Supreme Court of United States.

Decided February 17, 1964.

Attorney(s) appearing for the Case

William T. Joyner argued the cause for appellant in No. 74. With him on the brief were Earl E. Eisenhart, Jr., Robert L. Randall and William H. Allen.

Robert W. Ginnane argued the cause for the United States et al. in No. 93. With him on the brief were Solicitor General Cox, Assistant Attorney General Orrick, Philip B. Heymann, Robert B. Hummel and H. Neil Garson.

Charles W. Barbee, Jr., Assistant Attorney General of North Carolina, and F. Gordon Battle argued the cause for appellees in both cases. With them on the brief were Thomas Wade Bruton, Attorney General of North Carolina, E. C. Bryson, Victor S. Bryant, A. H. Graham, Jr. and E. C. Brooks, Jr.

Edward J. Hickey, Jr. and James L. Highsaw, Jr. filed a brief for the Railway Labor Executives' Association, as amicus curiae, urging affirmance.

MR. JUSTICE STEWART delivered the opinion of the Court.

In 1959 the appellant Southern Railway Company filed a petition with the North Carolina Utilities Commission for an order permitting it to discontinue operation of two intrastate passenger trains between Greensboro and Goldsboro, North Carolina, a distance of about 130 miles. The trains in question are No. 16, which operates eastbound in the morning from Greensboro to Goldsboro, and No. 13, consisting of the...

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