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MAGNET COVE BARIUM CORPORATION v. UNITED STATES

No. 11757.

175 F.Supp. 473 (1959)

MAGNET COVE BARIUM CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Texas, Houston Division.

Judgment Affirmed October 19, 1959.

Attorney(s) appearing for the Case

George C. Darr, Jr., Dallas, Tex., Leland D. Smith, Houston, Tex., and Sam Dawkins, Jr. and Frank A. Leffingwell, Dallas, Tex., for plaintiff.

Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Joseph V. Gallagher, Attorneys, Department of Justice, Washington, D. C., and William B. Butler, U. S. Attorney, Houston, Tex., for the defendant the United States.

Robert W. Ginnane, Gen. Counsel, and Francis A. Silver, Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for intervenor Interstate Commerce Commission.

Andrews, Kurth, Campbell & Bradley, Houston, Tex., and Eldon Martin and James A. Gillen, Chicago, Ill., for intervening railroads.

Before BROWN, Circuit Judge, and CONNALLY and INGRAHAM, District Judges.

Judgment Affirmed October 19, 1959. See 80 S.Ct. 122.

CONNALLY, District Judge.

This action is one to enjoin and set aside a certain order of the Interstate Commerce Commission. It is filed pursuant to 28 U.S.C.A., §§ 1336, 1398, 2284, and 2321-2325. It was heard by a three-judge district court, convened under § 2284.

The plaintiff is Magnet Cove Barium Corporation, which ships by rail large quantities of ground clay, in bags, in carload...

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