DAY v. UNITED STATES

Civ. No. 65-1213.

246 F.Supp. 689 (1965)

Kenneth W. DAY et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court S. D. California, Central Division.

September 13, 1965.


Attorney(s) appearing for the Case

Bodle & Fogel, George E. Bodle, Daniel Fogel, Stephen Reinhardt, James Crawford, Los Angeles, Cal., Mulholl and, Hickey & Lyman, Edward J. Hickey, Jr., James L. Highsaw, Jr., Washington, D. C., for plaintiff.

Manuel L. Real, U. S. Atty. for Southern Dist. of California, by M. Morton Freilich, Asst. U. S. Atty., Los Angeles, Cal., for defendant United States.

Charles W. Burkett, Herbert A. Waterman, Randolph Karr, William R. Denton, San Francisco, Cal., for defendant Southern Pac. Co.

Robert W. Ginnane, Gen. Counsel, Leonard S. Goodman, Asst. Gen. Counsel, I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

Before BARNES, Circuit Judge, and CARR and CURTIS, District Judges.


PER CURIAM.

This is an action to enjoin and set aside an order of the Interstate Commerce Commission of September 23, 1964. The Railway Labor Executives' Association, hereinafter referred to as Association, contends that the order was entered without a hearing, in violation of its statutory and constitutional rights. The order in question approved the merger of the Southern Pacific Company, hereinafter referred to as S...

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