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ATCHISON, TOPEKA AND SANTA FE RY. CO. v. UNITED STATES

No. 68 C 2090.

300 F.Supp. 1351 (1969)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Plaintiffs, Turner Brothers Trucking Co., Inc., Wales Trucking Company and B. F. Walker, Inc., Intervening Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Waterways Freight Bureau, American Commercial Lines, Inc., Federal Barge Lines, Inc., A. L. Mechling Barge Line, Inc., the Valley Line Company, the Ohio River Company, Sioux City & New Orleans Barge Lines, Inc., Union Barge Line Corporation, Intervening Defendants.

United States District Court N. D. Illinois, E. D.

June 27, 1969.

Attorney(s) appearing for the Case

Thomas O. Broker, Roanoke, Va., Charles W. Chapman, St. Louis, Mo., Jack T. Clark, Cleveland, Ohio, Edward R. Gustafson, Harvey Huston, Chicago, Ill., W. Bruce Kopper, St. Louis, Mo., George M. Mariner, Chicago, Ill., Richard J. Murphy, Philadelphia, Pa., Charles C. Rettberg, Jr., Cleveland, Ohio, for plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., Thomas A. Foran, U. S. Atty., Daniel Lynch & Bernhard, John H. D. Wigger, Washington, D. C., for defendants.

Robert W. Ginnane, General Counsel, and Barry Roberts, Washington, D. C., for Interstate Commerce Commission.

Before KERNER, Circuit Judge, and HOFFMAN and NAPOLI, District Judges.

NAPOLI, District Judge.

This is an action brought by thirteen railroads to enjoin reports (dated April 5, 1966 and September 17, 1968) and an order (dated September 17, 1968) of the Interstate Commerce Commission. The order ended joint rail-truck rates on oil country iron and steel pipe transportation which discriminated against connecting barge traffic. An earlier action between these parties, 66 C 2371, arising out of the report of April 5, 1966, had been filed...

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