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UNITED STATES v. SOUTHERN RAILWAY COMPANY

No. 10769.

380 F.2d 49 (1967)

UNITED STATES of America, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 30, 1967.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Attorney, Department of Justice (J. William Doolittle, Acting Asst. Atty. Gen., and Frederick B. Abramson, Attorney, Department of Justice, and John C. Williams, U. S. Atty., on brief), for appellant.

Roberts B. Owen, Washington, D. C. (Duncan B. Phillips and Michael J. Henke, Washington, D. C., on the brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and KAUFMAN, District Judge.

SOBELOFF, Circuit Judge:

We are confronted in this appeal with an important question of administrative law concerning the procedure by which a dissatisfied carrier may challenge the validity of a regulation of the Interstate Commerce Commission. The District Court granted the defendant Southern Railway Company's motion for summary judgment in the action brought by the United States to enforce statutory penalties for violation of car service orders issued by the Commission...

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