FLORIDA EAST COAST RAILWAY COMPANY, a corporation, et al., Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, et al., Defendants.
United States District Court M. D. Florida, Jacksonville Division.https://leagle.com/images/logo.png
June 8, 1966.
June 8, 1966.
Attorney(s) appearing for the Case
Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Edward F. Boardman, U. S. Atty., Jacksonville, Fla., Lionel Kestenbaum, Antitrust Division, Dept. of Justice, Washington, D. C., for defendants.
Prime F. Osborn, Phil C. Beverly, Jacksonville, Fla., Dennis G. Lyons, Arnold & Porter, Washington, D. C., William H. Maness, Jacksonville, Fla., Richard A. Hollander, Richmond, Va., John S. Cox, Jacksonville, Fla., Walter H. Brown, Jr., New York City, for Atlantic Coast Line R. Co. and Seaboard Air Line R. Co.
Edwin H. Burgess, Baltimore, Md., for Mercantile-Safe Deposit and Trust Co.
Fred H. Kent, Jacksonville, Fla., A. Alvis Layne, Washington, D. C., for Florida East Coast R. Co.
Wm. Graham Claytor, William D. McLean, John K. Mallory, Jr., Washington, D. C., H. P. Osborne, Jr., Jacksonville, Fla., for Southern Railway System.
William G. Mahoney, Washington, D. C., William H. Adams, III, Jacksonville, Fla., for Railway Labor Executives' Assn.
William Reece Smith, Jr., City Atty., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for City of Tampa.
MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for petitioner Port Sutton Inc.
Before RIVES, Circuit Judge, and SIMPSON and McRAE, District Judges.
United States District Court M. D. Florida, Jacksonville Division.
RIVES, Circuit Judge:
Our first opinion1 in this case was vacated and remanded by the Supreme Court and we have now considered the Interstate Commerce Commission's action anew. The Interstate Commerce Commission,2 by an order entered in December 1963, authorized the merger of the Atlantic Coast Line Railroad Company3 with the Seaboard Air Line Railroad Company,
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