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ATLANTIC COAST LINE RAILROAD COMPANY v. UNITED STATES

Civ. A. No. 4249.

243 F.Supp. 945 (1965)

ATLANTIC COAST LINE RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Virginia, at Richmond.

Decided June 22, 1965.

Attorney(s) appearing for the Case

Prime F. Osborn, Jacksonville, Fla., John F. Kay, Jr., Denny, Valentine & Davenport, Richmond, Va., for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., and C. Vernon Spratley, Jr., U. S. Atty., and S. W. Phillips, Asst. U. S. Atty., Richmond, Va., for defendant United States of America.

Robert W. Ginnane, General Counsel and Thomas H. Ploss, Washington, D. C., for defendant Interstate Commerce Commission.

Charles W. Laughlin, Christian, Barton, Parker, Epps & Brent, Richmond, Va., Thomas D. Barr, Cravath, Swaine & Moore, New York City, and Simms & Simms, Raleigh, N. C., for intervenor, Norfolk-Southern Ry. Co.

Edward B. Hipp, Commission Atty., Raleigh, N. C., for intervenor-defendant North Carolina Utilities Commission.

John M. Oakey, Jr., Battle, Neal, Harris, Minor & Williams, Richmond, Va., and Gordon P. MacDougall, Samuel H. Moerman and LaRoe, Winn & Moerman, Washington, D. C., for intervenor-defendant, Texas Gulf Sulphur Co.

Before BRYAN, Circuit Judge, and LEWIS and BUTZNER, District Judges.

PER CURIAM:

The Interstate Commerce Act, part I, 49 U.S.C. § 1 et seq., in § 1(18) prohibits a carrier to extend its line of railroad, or to construct a new line of railroad, "unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require" the extension. Such an extension of their lines into the same territory in North Carolina was sought by almost...

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