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BALTIMORE AND OHIO RAILROAD CO. v. UNITED STATES

Civ. A. No. 74-3054.

391 F.Supp. 249 (1975)

The BALTIMORE AND OHIO RAILROAD COMPANY et al. v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court, E. D. Pennsylvania.

April 1, 1975.

Attorney(s) appearing for the Case

John J. Ehlinger, Jr., Philadelphia, Pa., J. T. Clark, Cleveland, Ohio, C. R. Hrdlicka, Detroit, Mich., for plaintiffs.

John H. D. Wigger, Dept. of Justice, Washington, D. C., for defendant U.S.A.

Richard H. Streeter, Interstate Commerce Commission, Washington, D. C., for defendant I.C.C.

Henry T. Reath, Philadelphia, Pa., Howard Gould, Cincinnati, Ohio, for intervening defendants.

Before ADAMS, Circuit Judge, and LUONGO and WEINER, District Judges.

OPINION

LUONGO, District Judge.

This is an action before a three-judge district court pursuant to 28 U.S.C. §§ 1336(a), 1398, 2284, 2321-2325 and 49 U.S.C. § 17(9) to suspend, enjoin, set aside and annul certain orders of the Interstate Commerce Commission.

(a) Background

These proceedings had their genesis in 1967 when railroads in certain sections of the country filed...

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