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UNITED STATES v. INTERSTATE COMMERCE COMMISSION

Civ. A. No. 4001-54.

132 F.Supp. 34 (1955)

UNITED STATES of America, Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants.

United States District Court District of Columbia.

June 6, 1955.

Attorney(s) appearing for the Case

James E. Kilday, Albert Parker, Colin A. Smith, Sp. Assts. to Atty. Gen., Stanley N. Barnes, Asst. Atty. Gen., Leo A. Rover, U. S. Atty., for plaintiff.

Edward M. Reidy, Gen. Counsel, Samuel R. Howell, Asst. Gen. Counsel, ICC, Washington, D. C., for defendant Interstate Commerce Commission.

Windsor F. Cousins, Philadelphia, Pa., Hugh B. Cox, Charles P. Reynolds, Washington, D. C., R. B. Gwathmey, Wilmington, N. C., Martin A. Meyer, Jr., William B. Jones, A. J. Dixon, Washington, D. C., John P. Fishwick, New York City, for intervenors.

Before BAZELON, Circuit Judge, and PINE and KEECH, District Judges.

PER CURIAM.

This is an action by the United States, through its Department of the Army, against the Interstate Commerce Commission and the United States. It seeks to set aside the Commission's order of June 1, 1953, in a proceeding known as United States of America v. Aberdeen & Rockfish Railroad Company, et al., Docket No. 30989, reported at 289 I.C.C. 49. In that order the Commission dismissed a complaint in which the United States sought a determination that...

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