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INTERSTATE COMMERCE COMMISSION v. BALTIMORE AND ANNAPOLIS RAILROAD COMPANY

Nos. 75-1787 to 75-1789.

537 F.2d 77 (1976)

INTERSTATE COMMERCE COMMISSION and Alco-Gravure, Inc., Appellant, v. The BALTIMORE AND ANNAPOLIS RAILROAD COMPANY, a corporation, and Elmer J. Jubb, Appellees. INTERSTATE COMMERCE COMMISSION and Alco-Gravure, Inc., Appellees, v. The BALTIMORE AND ANNAPOLIS RAILROAD COMPANY, a corporation, and Elmer J. Jubb, Appellants (two cases).

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1976.

Attorney(s) appearing for the Case

Lee A. Monroe, Washington, D. C. (John S. Edwards, Washington, D. C., Joseph I. Huesman, Lerch & Huesman, Baltimore, Md., and Sidley & Austin, Washington, D. C., on brief), for appellants in Nos. 75-1788 and 75-1789 and appellees in No. 75-1787.

Daniel S. Linhardt, Washington, D. C. (Dennis M. Hart, Daniel M. O'Donoghue, Bernard A. Gould, Attys., Interstate Commerce Commission, Washington, D. C., on brief), for appellant in No. 75-1787 and appellees in Nos. 75-1788 and 75-1789.

John J. Walsh, New York City, (Earl H. Nemser, Cadwalader, Wickersham & Taft, New York City, on brief), for appellant in No. 75-1787 and appellees in Nos. 75-1788 and 75-1789.

Before CRAVEN, FIELD and WIDENER, Circuit Judges.

PER CURIAM:

The Interstate Commerce Commission (Commission) instituted this action pursuant to 49 U.S.C. § 1(20) against the defendants, the Baltimore and Annapolis Railroad Company (B & A) and its President, Elmer J. Jubb, seeking injunctive relief against B & A for the alleged illegal abandonment of a segment of its railroad running from Clifford Junction in Baltimore City to a point approximately six miles...

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