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STATE OF GEORGIA v. UNITED STATES

Civ. A. No. 6063.

156 F.Supp. 711 (1957)

STATE OF GEORGIA, Western & Atlantic Railroad and The Nashville, Chattanooga & St. Louis Railway, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

October 21, 1957.

Attorney(s) appearing for the Case

Eugene Cook, Atty. Gen., Robert H. Hall and E. Freeman Leverett, Asst. Attys. Gen., of Georgia, for plaintiff State of Georgia.

E. R. Leigh, Louisville, Ky., William H. Swiggart and William A. Miller, Nashville, Tenn., for plaintiff Louisville & N. R. Co.

James A. Bistline, Washington, D. C., and Edgar A. Neely, Atlanta, Ga., for plaintiff Southern Railway System.

Samuel R. Howell, Washington, D. C., for defendant I. C. C.

James W. Dorsey, U. S. Atty., Atlanta, Ga., Maurice A. Fitzgerald and James E. Kilday, Washington, D. C., for the United States.

Before TUTTLE, Circuit Judge, and HOOPER and SLOAN, District Judges.

TUTTLE, Circuit Judge.

This is a suit under Sections 1336, 1398, 2284 and 2321-2325, inclusive, Title 28 U.S.C.A., to set aside, suspend, annul and permanently enjoin the orders of the Interstate Commerce Commission, hereinafter referred to as the Commission, dated September 4, 1956, and February 12, 1957, in a proceeding entitled Nashville, Chattanooga & St. Louis Railway et al., Construction, Finance Docket No. 18942, reported at 295 I.C.C. 363. The order of...

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