FLORIDA EAST COAST RAILWAY COMPANY v. UNITED STATES

No. 64-64-Civ. J.

228 F.Supp. 340 (1964)

FLORIDA EAST COAST RAILWAY COMPANY, a corporation, Florida East Coast Building, St. Augustine, Florida, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court M. D. Florida, Jacksonville Division.

April 8, 1964.


Attorney(s) appearing for the Case

A. Alvis Layne, Washington, D. C., Frederick H. Kent, Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, Fla., for plaintiff Florida East Coast Railway Co.

W. Graham Claytor, Jr., William D. McLean, D. W. Markham, John K. Mallory, Jr., Washington, D. C., H. P. Osborne, Jr., Jacksonville, Fla., for intervening plaintiffs, Southern Railway Co., The Alabama Great Southern Railroad Co., The Cincinnati, New Orleans & Texas Pacific Railway Co., New Orleans and Northeastern Railroad Co., Georgia Southern and Florida Railway Co., Central of Georgia Railway Company and Savannah & Atlanta Railway Co.

William H. Adams III, Mahoney, Hadlow, Chambers & Adams, Jacksonville, Fla., William G. Mahoney, Mulholland, Hickey & Lyman, Washington, D. C., for intervening plaintiff, Railway Labor Executives' Assn.

John S. Cox, Cox, Grissett & Webb, William H. Maness, Kurz, Toole, Maness & Martin, Prime F. Osborn, John W. Weldon, Phil C. Beverly, Jacksonville, Fla., Harold J. Gallagher, Walter H. Brown, Jr., New York City, Richard A. Hollander, Richmond, Va., for intervening defendants, Seaboard Air Line Railroad Co., Atlantic Coast Line Railroad Co. and The Atlantic Coast Line Co.

Edwin H. Burgess, Baltimore, Md., for intervening defendant, Mercantile-Safe Deposit and Trust Co.

Fritz Kahn, Washington, D. C., Gen. Counsel, I. C. C., Washington, D. C., for defendant, Interstate Commerce Commission.

Robert F. Kennedy, Atty. Gen., of the United States, Washington, D. C., I. Daniel Stewart, Jr., Anti-Trust Division, Dept. of Justice, Edward F. Boardman, U. S. Atty., Middle District of Fla., Jacksonville, Fla., for defendant, the United States.


SIMPSON, Chief Judge.

THIS CAUSE, came on to be heard on April 6, 1964, on plaintiff's motion, made pursuant to 28 U.S.C. § 2284(3), for an order restraining temporarily the operation and effective date of the orders of the Interstate Commerce Commission, served December 13, 1963, and March 4, 1964, in its Finance Docket 21215, Seaboard Air Line Railroad Company—Merger —Atlantic Coast Line Railroad Company, until such time as a district court of...

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