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FLORIDA EAST COAST RAILWAY COMPANY v. UNITED STATES

Civ. Nos. 70-574, 70-577.

322 F.Supp. 725 (1971)

FLORIDA EAST COAST RAILWAY COMPANY, a corporation, Florida East Coast Building, St. Augustine, Florida, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. SEABOARD COAST LINE RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

February 18, 1971.

Attorney(s) appearing for the Case

Walter G. Arnold, Arnold & Stratford, Jacksonville, Fla., A. Alvis Layne, Kim D. Mann, Washington, D. C., for Florida East Coast Railway.

John S. Cox, Cox, Webb & Swain, Jacksonville, Fla., Richard A. Hollander, Richmond, Va., for Seaboard Coast Line Railroad.

John N. Mitchell, Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Fritz R. Kahn, Gen. Counsel, Leonard S. Goodman, Associate Gen. Counsel, I. C. C., Washington, D. C., John L. Briggs, U. S. Atty., Jacksonville, Fla., for defendants.

Before SIMPSON, Circuit Judge, and McRAE and SCOTT, District Judges.

SIMPSON, Circuit Judge:

These are actions under Title 28, U.S. C. Sections 1336, 1398, 2284 and 2321-2325, to set aside the incentive per diem rates established by the Interstate Commerce Commission (Commission) in its rulemaking proceeding entitled Incentive Per Diem Charges—1968.1 In this proceeding the Commission issued two formal reports comprising its decision, the interim report of December 12, 19692

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