ABERDEEN AND ROCKFISH RAILROAD CO. v. UNITED STATES

No. 15454.

270 F.Supp. 695 (1967)

ABERDEEN AND ROCKFISH RAILROAD COMPANY et al., Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

June 30, 1967.


Attorney(s) appearing for the Case

Donald F. Turner, Asst. Atty. Gen., Louis C. LaCour, U. S. Atty., John H. D. Wigger, Atty., Dept. of Justice, for the United States.

Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Associate Gen. Counsel, Betty Jo Christian, Atty., I. C. C., for Interstate Commerce Commission.

Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., Sidley, Austin, Burgess & Smith, Washington, D. C., for plaintiff Southern Railroads.

Walter R. McDonald, Hurt, Hill & Richardson, Joseph H. Kavanaugh, Baton Rouge, La., for intervening plaintiff railroads.

Montgomery, Barnett, Brown & Read, New Orleans, La., Kemper A. Dobbins, Cleveland, Ohio, Joseph F. Eshelman, Philadelphia, Pa., Eugene E. Hunt, New Haven, Conn., Edward A. Kaier, Philadelphia, Pa., Kenneth H. Lundmark, New York City, Charles C. Rettberg, Jr., Baltimore, Md., for intervening defendant railroads.

Before WISDOM, Circuit Judge, and HUNTER and WEST, District Judges.


EDWIN F. HUNTER, Jr., District Judge:

This is an action to set aside and enjoin in part the order of the Interstate Commerce Commission (Commission) in Docket No. 29885,1 Official-Southern Divisions, 325 I.C.C. 1 and 325 I.C.C. 449, which prescribed divisions of joint-rail rates on freight traffic moving between Official and Southern territories.2

Freight traffic between the North and the South moves...

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