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ATLANTIC COAST LINE RAILROAD CO. v. UNITED STATES

Civ. A. No. 56-232.

144 F.Supp. 53 (1956)

ATLANTIC COAST LINE RAILROAD COMPANY, The Baltimore and Ohio Railroad Company, Louisville and Nashville Railroad Company, The New York, New Haven and Hartford Railroad Company, The Pennsylvania Railroad Company, Seaboard Air Line Railroad Company, and Southern Railway Company, Plaintiffs, v. The UNITED STATES of America, Defendant, and Interstate Commerce Commission, and Pan-Atlantic Steamship Corporation, Intervening Defendants.

United States District Court, D. Massachusetts.

May 17, 1956.

Attorney(s) appearing for the Case

W. Q. Keenan, New Haven, Conn., Edmund M. Sweeney, Boston, Mass., for plaintiffs.

Stanley N. Barnes, Asst. Atty. Gen., Anthony Julian, U. S. Atty., Boston, Mass., James E. Kilday, Albert Parker, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, James A. Murray, Associate Gen. Counsel, Washington, D. C., for the Interstate Commerce Commission.

James Julian Weinstein, Boston, Mass., Warren Price, Jr., David G. Macdonald, Macleay, Lynch & Macdonald, Washington, D. C., William H. Armbrecht, Jr., Mobile, Ala., for Pan-Atlantic Steamship Corp.

Before MAGRUDER, Circuit Judge, and FORD and WYZANSKI, District Judges.

PER CURIAM.

The amended complaint herein seeks a decree from us setting aside an order of the Interstate Commerce Commission.

On or about May 5, 1955, Pan-Atlantic Steamship Corporation made application to the Commission for permanent authority to operate as a common carrier by water between certain Atlantic and Pacific ports.

While this application was pending, upon application by Pan-Atlantic Steamship Corp. for temporary authority under § 311...

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