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I. C. C. v. SOUTHERN RY. CO.

No. 74-3588.

543 F.2d 534 (1976)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellant, v. SOUTHERN RAILWAY COMPANY and Central of Georgia Railroad Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 3, 1976.

Attorney(s) appearing for the Case

Bernard A. Gould, Daniel M. O'Donoghue, Daniel S. Linhardt, I. C. C., Washington, D. C., for plaintiff-appellant.

Ellsworth Hall, Jr., Macon, Ga., Estel Edward Bruce, Stuart C. Stock, Washington, D. C., James L. Tapley, So. Railway Co., Wm. H. Teasley, Washington, D. C., for defendants-appellees.

Leonard Schaitman, Neil H. Koslowe, Appellate Sec., Civ. Div., Dept. of Justice, Washington, D. C., for amicus curiae.

Before COLEMAN, GODBOLD and HILL, Circuit Judges.

COLEMAN, Circuit Judge.

The Interstate Commerce Commission appeals the dismissal of its action seeking a district court order to enjoin Southern Railway Company and Central of Georgia Railroad Company from violating certain orders issued by the Commission pursuant to 49 U.S.C. § 5(2) (1970). The United States was not a party to this enforcement action and the Commission did not obtain the consent or approval of the Attorney General to initiate it. We are primarily...

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