PORT ROYAL MARINE CORPORATION v. UNITED STATES

No. CV474-25.

378 F.Supp. 345 (1974)

PORT ROYAL MARINE CORPORATION, Plaintiff, and Central Gulf Lines, Inc., et al., Intervening Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and Ingram Corporation et al., Intervening Defendants.

United States District Court, S. D. Georgia, Savannah Division.

July 19, 1974.


Attorney(s) appearing for the Case

Walter C. Hartridge, Bouhan, Williams & Levy, Savannah, Ga., Jacob P. Billig, Terrence D. Jones, Billig, Sher & Jones, Washington, D. C., for Port Royal Marine Corp., and Combi Line, Prudential-Grace Lines, Inc. and Waterman Steamship Corp.

Walter C. Hartridge, Savannah, Ga., Ronald A. Capone, Kirlin, Campbell & Keating, Washington, D. C., for Central Gulf Lines, Inc.

Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Arnold P. Lav, Dept. of Justice, Washington, D. C., R. Jackson Smith, Jr., Lamar C. Walter, Savannah, Ga., for the United States.

Fritz R. Kahn, Gen. Counsel, Hanford O'Hara, I. C. C., Washington, D. C., for I. C. C.

Malcolm R. Maclean, Ralph O. Bowden, III, Hunter, Houlihan, Maclean, Exley, Dunn & Connerat, Savannah, Ga., Donald Macleay, Peter A. Greene, Neal A. Jackson, Macleay, Lynch, Bernhard & Gregg, Washington, D. C., for Waterways Freight Bureau, S. C. Loveland Co., Inc. and Ingram Corp.

Ralph O. Bowden, III, Savannah, Ga., Warren Price, Jr., Paul J. McElligott, Ragan & Mason, Washington, D. C., for Sea-Land Service, Inc.

Before BELL, Circuit Judge, LAWRENCE, Chief District Judge, and ALAIMO, District Judge.


DECISION OF THREE-JUDGE DISTRICT COURT

LAWRENCE, Chief District Judge.

Port Royal Marine Corporation seeks to set aside and enjoin the enforcement of an Order of the Interstate Commerce Commission declaring that it has regulatory jurisdiction over plaintiff's barge towage services to and from various ports in the Southeast.

Plaintiff initiated a proceeding before the Commission by requesting a Declaratory Order to that effect, pursuant to the Administrative...

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