NORTH CAROLINA UTILITIES COMMISSION v. UNITED STATES

Civ. No. 1079.

253 F.Supp. 930 (1966)

The NORTH CAROLINA UTILITIES COMMISSION, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court E. D. North Carolina, Wilmington Division.

March 29, 1966.


Attorney(s) appearing for the Case

Edward B. Hipp, Commission Attorney N. C. Utilities Commission, Raleigh, N. C., for plaintiff.

John H. D. Wigger, Attorney, Dept. of Justice, Washington, D. C., Robert H. Cowen, U. S. Atty., Raleigh, N. C., for the United States.

Robert S. Burk, Nahum Litt, Attys., I. C. C., Washington, D. C., for I. C. C.

Before BELL, Circuit Judge, and BUTLER and LARKINS, District Judges.


BUTLER, District Judge:

This action was brought1 to enjoin and set aside a report and order2 of the defendant, Interstate Commerce Commission (hereafter I.C.C.), adjudging that certain shipments by truck of iron and steel products from the port of Wilmington, North Carolina, to certain inland cities of North Carolina, were foreign in character, and prohibiting future shipments of said commodities at rates other...

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