ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. UNITED STATES

No. 64 C 66.

231 F.Supp. 422 (1964)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Chicago, Rock Island, and Pacific Railroad Company, Fort Worth and Denver Railway Company, and Missouri-Kansas-Texas Railroad Company, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court N. D. Illinois, E. D.

July 7, 1964.


Attorney(s) appearing for the Case

Floyd Stuppi, Harvey Huston, Chicago, Ill., Lloyd W. Jones, Denison, Tex. Sterling W. Steves, Fort Worth, Tex., Don McDevitt, Chicago, Ill. (Milton E. Nelson, Jr., Chicago, Ill., of counsel), for plaintiffs The Atchison, Topeka and Santa Fe Ry. Co., Chicago, Rock Island and Pacific R. Co., Fort Worth and Denver Ry. Co., and Missouri-Kansas-Texas R. Co.

Robert Kennedy, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., Robert W. Ginnane, Gen. Counsel, John H. D. Wigger, N. Neil Garson, William H. Orrick, Jr., Interstate Commerce Commission, Washington, D. C. (Erwin I. Katz, Asst. U. S. Atty., Chicago, Ill., of counsel), for defendants the United States and Interstate Commerce Commission.

J. L. Lockett, Jr., Milton K. Eckert, Houston, Tex., for intervening plaintiff Houston Port Bureau, Inc.

Ballinger Mills, Jr., and John Eckel, McLeod, Mills, Shirley & Alexander, Galveston, Tex., for intervening plaintiff Bd. of Trustees of the Galveston Wharves, an instrumentality of the City of Galveston, Tex.

Joseph E. Quin, Washington, D. C., for intervening plaintiff Orville L. Freeman, Secretary of Agriculture of the U. S.

Nuel D. Belnap and Daniel J. Sweeney, Belnap, Spencer, Hardy & Freeman, Chicago, Ill., Frank C. Brooks, Brooks, Montgomery & Matthews, Dallas, Tex., for intervening defendant Brazos River Harbor Navigation District of Brazoria County, Tex.

Before KNOCH, Circuit Judge, and MAROVITZ and PARSONS, District Judges.


PARSONS, District Judge.

As the Gulf of Mexico frames the Southeast boundary of the State of Texas, a number of bays and inlets provide natural settings for ports for seagoing vessels. Principal among these ports are those located at or near the Texas cities of Houston, Galveston, Texas City and Freeport. Railroad lines of the Chicago, Rock Island and Pacific Railroad Company, the Atchison, Topeka and Santa Fe Railway Company, the Fort Worth and Denver Railway Company...

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