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MISSISSIPPI PUBLIC SERVICE COM'N v. UNITED STATES

Civ. A. No. 2120.

124 F.Supp. 809 (1954)

MISSISSIPPI PUBLIC SERVICE COMMISSION, Plaintiff, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court, S. D. Mississippi, Jackson Division.

September 21, 1954.

Attorney(s) appearing for the Case

James T. Coleman, Atty. Gen., James T. Kendall, Sp. Asst. Atty. Gen., Dugas Shands, Jackson, Miss., for Mississippi Public Service Commission.

J. C. Floyd, Meridian, Miss., for Flintkote Co.

Henry Hilbun, Jr., of Deavours & Hilbun, Laurel, Miss., for Masonite Corp.

Roland W. Heidelberg, Jr., Hattiesburg, Miss., for all remaining intervening plaintiffs.

Robert E. Hauberg, U. S. Atty., Jackson, Miss., Stanley N. Barnes, Asst. Atty. Gen., Willard P. Memler, Sp. Asst. Atty. Gen., for United States.

Allen Crenshaw, Associate Chief Counsel of Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Harold E. Spencer, Chicago, Ill., Y. D. Lott, Mobile, Ala., Byrd, Wise & Smith, Jackson, Miss., Ben F. Cameron, Meridian, Miss., for the Railroads.

Before HOLMES, Circuit Judge, and MIZE and THOMAS, District Judges.

MIZE, District Judge.

This is an action seeking to annul, set aside, and permanently enjoin enforcement of an order of the Interstate Commerce Commission entered February 1, 1954, in accordance with the report findings and conclusions entered November 2, 1953, in the proceeding No. 31164, Mississippi Intrastate Freight Rates and Charges, under which the respondent rail carriers operating in Mississippi were required to establish intrastate freight rates and charges...

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