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CENTRAL OF GEORGIA RY. CO. v. UNITED STATES

Civ. A. No. 2565-72.

410 F.Supp. 354 (1976)

CENTRAL OF GEORGIA RAILROAD COMPANY et al., Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission et al., Defendants.

United States District Court, District of Columbia.

March 17, 1976.

Attorney(s) appearing for the Case

Charles A. Horsky, Michael Boudin and Arthur F. Fergenson, Washington, D. C., for the Central of Georgia Railroad Co., James L. Tapley and Peter S. Craig, Washington, D. C., for the Southern Railway Co., and Neill W. McArthur, Jr., Jacksonville, Fla., for the Seaboard Coast Line Railroad, jointly filed memoranda in support of the motion.

Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Atty., Dept. of Justice, and Earl J. Silbert, U. S. Atty., for the United States, and Fritz R. Kahn, Gen. Counsel, and Raymond Michael Ripple, Washington, D. C., Atty., for the Interstate Commerce Commission, jointly filed a memorandum in opposition to the motion.

Richard J. Hardy, Washington, D. C., for the U. S. Clay Producers Traffic Association, Inc., filed a memorandum in opposition to the motion.

Before McGOWAN, Circuit Judge, and HART and PRATT, District Judges.

OPINION

McGOWAN, Circuit Judge:

Plaintiff railroads have moved this court to require the Interstate Commerce Commission to comply with a judgment and injunction previously entered by this court in Central of Georgia Railroad Co., et al. v. United States, et al., 379 F.Supp. 976 (D.D.C.1974), aff'd sub nom. United States Clay Producers Traffic Association v. Central of Georgia Railroad Co., 421 U.S. 957...

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