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SEATRAIN LINES v. UNITED STATES

168 F.Supp. 819 (1958)

SEATRAIN LINES, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Pennsylvania Railroad Company et al., Intervening Defendants.

United States District Court S. D. New York.

December 22, 1958.

Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff, New York City, for plaintiff, George A. Spater, Ralph D. Ray, Alan S. Kuller, New York City, of counsel.

Victor R. Hansen, Asst. Atty. Gen., Arthur H. Christy, U. S. Atty., Robert J. Ward, Asst. U. S. Atty., New York City, James E. Kilday, E. Riggs McConnell, Attys., Dept. of Justice, Washington, D.C., for the United States.

Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, H. Neil Garson, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D.C., for Interstate Commerce Commission.

Edward R. Gustafson, Richard J. Murphy, Chicago, Ill., Eugene E. Hunt, Baltimore, Md., Robert D. Brooks, New York City, for intervening defendants.

Before SWAN, Circuit Judge, RYAN and BRYAN, District Judges.

FREDERICK van PELT BRYAN, District Judge.

Plaintiff is a common carrier by water certified by the Interstate Commerce Commission for transportation of commodities between the Port of New York and the Ports of New Orleans, Texas City and Savannah. It sues, pursuant to 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, and 5 U.S.C.A. § 1009, to set aside two orders of the Commission dated August 14, 1958, made under Section 4, subdivision 1 of the Interstate...

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