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STATE OF ALABAMA v. UNITED STATES

Civ. A. No. 8219.

141 F.Supp. 488 (1956)

STATE OF ALABAMA et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Alabama, S. D.

May 14, 1956.

Attorney(s) appearing for the Case

John Patterson, Atty. Gen., and William H. Sanders, Asst. Atty. Gen., State of Alabama, and, Morris K. Sirote, Sirote, Permutt, Friend & Friedman, Birmingham, Ala., for plaintiffs.

James E. Kilday and Frederica S. Brenneman, Attys., Dept. of Justice, Washington, D. C., and Atley A. Kitchings, then U. S. Atty., Birmingham, Ala., for United States.

Leo H. Pou, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Cabaniss & Johnston, Sadler & Sadler, and Gibson & Gibson, Birmingham, Ala., Clarence Raymond, Louisville, Ky., James A. Bistline, Washington, D. C., E. D. Grinnell, Jr., St. Louis, Mo., Walter C. Scott, Jr., Savannah, Ga., Erle J. Zoll, Jr., Chicago, Ill. and John W. Adams, Jr., Mobile, Ala., for intervening railroad defendants.

Before RIVES, Circuit Judge, LYNNE, Chief Judge, and GROOMS, District Judge.

LYNNE, Chief Judge.

This is an action against the United States and the Interstate Commerce Commission (hereinafter referred to as the Commission), brought in this court, under 28 U.S.C. § 1336 and 2321 through 2325, by the State of Alabama, Alabama Public Service Commission (hereinafter referred to as the Alabama Commission), Alabama Coal Agency, a non-profit, voluntary, unincorporated association, whose members are engaged in the business of mining commercial...

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