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SEABOARD AIR LINE RAILROAD CO. v. UNITED STATES

Civ. A. No. 1847.

131 F.Supp. 129 (1954)

SEABOARD AIR LINE RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court E. D. Virginia.

Decided December 10, 1954.

Attorney(s) appearing for the Case

James B. McDonough, Jr., Norfolk, Va. (W. R. C. Cocke and Charles T. Abeles, Norfolk, Va., on the brief), for plaintiff.

Willard R. Memler, U. S. Dept. of Justice, Edward M. Reidy, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

Richard B. Gwathmey, Wilmington, N. C., for intervenor, Atlantic Coast Line R. Co.

Before DOBIE, Circuit Judge, and HUTCHESON and HOFFMAN, District Judges.

DOBIE, Circuit Judge.

By this civil action, instituted in the United States District Court for the Eastern District of Virginia, Seaboard Air Line Railroad Company (hereinafter referred to as Seaboard), as plaintiff, sought a temporary and permanent injunction to restrain the enforcement of an order of the Interstate Commerce Commission (hereinafter called the Commission), dated July 30, 1954, issued in Docket No. 30882, Atlantic Coast Line Railroad Company (hereinafter...

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