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FLORIDA EAST COAST RAILWAY COMPANY v. UNITED STATES

No. 70-182-Civ-J.

327 F.Supp. 1076 (1971)

FLORIDA EAST COAST RAILWAY COMPANY, a corporation, Plaintiff, and Southern Pacific Transportation Company, a corporation, Northwestern Pacific Railroad Company, a corporation, and San Diego & Arizona Eastern Railway Company, a corporation, Intervening Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

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

June 7, 1971.

Attorney(s) appearing for the Case

Walter G. Arnold, Arnold & Stratford, Jacksonville, Fla., A. Alvin Layne, Kim D. Mann, Washington, D. C., for plaintiff.

Delbridge L. Gibbs, John W. Caven, Jr., Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., John MacDonald Smith, Albert T. Suter, San Francisco, Cal., for intervening plaintiff.

Walker B. Comegys, Acting Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., John L. Briggs, U. S. Atty., John Roberts, Asst. U. S. Atty., Jacksonville, Fla., Robert W. Ginnane, Gen. Counsel, Fritz R. Kahn, Trial Atty., Office of the Gen. Counsel, Jerome Nelson, Atty., I. C. C., Washington, D. C., for defendants USA and ICC.

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

MEMORANDUM OPINION AND FINAL JUDGMENT

SIMPSON, Circuit Judge:

This action was brought by Florida East Coast Railway Company (FEC) supported by the intervening lines (Southern Pacific or Southern Pacific Group) under Title 28, U.S.C., Sections 2321-2325 and 2284, to enjoin, annul, and set aside orders of the Interstate Commerce Commission (ICC or Commission) which require the railroads, in accordance with an...

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