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COLUMBIA TRANSPORTATION COMPANY v. UNITED STATES

No. 17069.

167 F.Supp. 5 (1958)

The COLUMBIA TRANSPORTATION COMPANY, Inc., Roen Steamship Company, Nicholson Transit Company, and The Great Lakes Ship Owners Association, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court E. D. Michigan, S. D.

October 2, 1958.

Attorney(s) appearing for the Case

Marlin F. Scholl, Detroit, Mich., Kenneth J. McAuliffe, New York City, for plaintiffs.

Fred W. Kaess, U. S. Atty., Detroit, Mich., Victor R. Hansen, Asst. Atty. Gen., for the United States.

Robert W. Ginnane, Arthur J. Cerra, Washington, D. C., for Interstate Commerce Commission.

Walter A. Kleinert, Detroit, Mich., Hewitt Biaett, Richmond, Va., James F. Schouman, Detroit, Mich., John A. Daily, New York City, Kemper A. Dobbins, Cleveland, Ohio, John L. Davidson, Jr., and Eugene S. Davis, St. Louis, Mo., for intervenors.

Before SIMONS, Circuit Judge, and THORNTON and O'SULLIVAN, District Judges.

This three judge court was composed in accordance with Sections 2284 and 2325, Title 28 United States Code. The plaintiffs herein seek to enjoin and invalidate an Order of the Interstate Commerce Commission which approved a tariff for rail transportation of sulphur from Chicago, Illinois, to Detroit, Michigan. Plaintiffs, Columbia Transportation Company, Inc., Roen Steamship Company and Nicholson Transit Company, are Great Lakes water carriers. Of these plaintiffs, however...

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