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BALTIMORE AND OHIO RAILROAD COMPANY v. UNITED STATES

Civ. A. No. 65-348.

249 F.Supp. 712 (1965)

The BALTIMORE AND OHIO RAILROAD COMPANY, Bessemer and Lake Erie Railroad Company, Lehigh Valley Railroad Company, the New York Central Railroad Company, Norfolk and Western Railway Company, the Pennsylvania Railroad Company, the Pittsburgh & Lake Erie Railroad Company, Reading Company, Western Maryland Railway Company, Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Erie-Lackawanna Railroad Company, Intervening Defendant.

United States District Court W. D. Pennsylvania.

November 18, 1965.

Attorney(s) appearing for the Case

Robert G. Boes, Cleveland, Ohio, Edward A. Kaier, Philadelphia, Pa., Rene J. Gunning, Albert W. Laisy, Baltimore, Md., Richard J. Murphy, Chicago, Ill., William P. Quinn, Philadelphia, Pa., Henry M. Wick, Jr., Delisi, Wick & Vuono, Pittsburgh, Pa., for plaintiffs.

Wm. H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Gustave Diamond, U. S. Atty., Pittsburgh, Pa., Donald F. Turner, Asst. Atty. Gen., Robert W. Ginnane, Gen. Counsel, H. Neil Garson, Assoc. Gen. Counsel, Thomas H. Ploss, Interstate Commerce Comm., Washington, D. C., for defendants.

J. T. Clark, Gen. Atty., Erie-Lackawanna R. R. Co., Cleveland, Ohio, Ralph H. German, Houston, Cooper, Speer & German, Pittsburgh, Pa., for intervenor.

Before STALEY, Circuit Judge, and WILLSON and ROSENBERG, District Judges.

WILLSON, District Judge.

The complaint in this case was filed on March 31, 1965. This three-judge court was duly convened by an order of the Chief Judge of the Circuit. In the complaint it is stated that this civil action is one to enjoin, suspend, annul and set aside a report and order of the Interstate Commerce Commission in a proceeding before the Interstate Commerce Commission known as Investigation and Suspension Docket No. 8095, Iron Ore, Cleveland, Ohio, to...

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