SOUTHERN RAILWAY COMPANY, Plaintiff,
v.
The UNITED STATES of America and the Interstate Commerce Commission, Defendants.
United States District Court E. D. Virginia, Richmond Division.https://leagle.com/images/logo.png
Argued September 16, 1969.
Decided October 1, 1969.
Attorney(s) appearing for the Case
Michael J. Henke, Washington, D. C. (H. Merrill Pasco, Robert P. Buford, Richmond, Va., Henry P. Sailer, Duncan B. Phillips, Washington, D. C., on the brief), for plaintiff.
Jerome Nelson, Counsel, Interstate Commission Commission (Richard W. McLaren, Asst. Atty. Gen., of the U. S., Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, John H. D. Wigger, Atty., Dept. of Justice, C. Vernon Spratley, Jr., U. S. Atty., Richmond, Va., Rod Sager, Asst. U. S. Atty.), for defendants.
R. Harvey Chappell, Jr., Richmond, Va. (Richard T. Cubbage, Richard M. Gleason, Chicago, Ill., John E. McCullough, W. W. Dalton, St. Louis, Mo., on the brief), for intervening defendants St. Louis-San Francisco Railway Co., and Chicago, Burlington & Quincy Railroad Co.
L. E. Torinus, St. Paul, Minn., J. I. Finsness, Fargo, N. D. (Smith R. Brittingham, Jr., Louis T. Duerinck, Martin L. Cassell, Chicago, Ill., Louis A. Harris, St. Paul, Minn., Charles H. Clay, Minneapolis, Minn., Charles W. Burkett, San Francisco, Cal., Robert B. Batchelder, Omaha, Neb., R. Colston Christian, George R. Humrickhouse, Richmond, Va., Charles O. Ham, Jr., Oklahoma City, Okl., on the brief), for other intervenors.
Before BRYAN, Circuit Judge, and MacKENZIE and MERHIGE, District Judges.
United States District Court E. D. Virginia, Richmond Division.
ALBERT V. BRYAN, Circuit Judge:
An Interstate Commerce Commission report and order1 is here attacked by the Southern Railway Company. The Commission had held itself powerless to allow Southern to recover compensation from the Chicago, Burlington & Quincy Railroad Company (Burlington) and the St. Louis-San Francisco Railway Company (Frisco) for delivering to them empty boxcars as directed by the Commission in relief of an emergency...
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