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BISON STEAMSHIP CORPORATION v. UNITED STATES

Civ. A. No. 35783.

182 F.Supp. 63 (1960)

BISON STEAMSHIP CORPORATION, Cooper Steamship Company, Gartland Steamship Company, Nicholson Transit Company, Oglebay Norton Company, Roen Steamship Company, and Great Lakes Ship Owners Association, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Ohio, E. D.

March 29, 1960.

Attorney(s) appearing for the Case

Andrew C. Hartzell, Jr., and Malvin E. Bank, of Thompson, Hine & Flory, Cleveland, Ohio, for plaintiffs. John H. Eisenhart, Jr., and James L. Givan, Washington, D. C., of counsel on the brief.

Robert W. Ginnane, Gen. Counsel, I. C. C., Francis A. Silver, Associate Gen. Counsel, I. C. C., Washington, D. C., Robert A. Bicks, Acting Asst. Atty. Gen., James H. Durkin, Atty., Dept. of Justice, Washington, D. C., and Russell E. Ake, U. S. Atty., Cleveland, Ohio, for the United States and Interstate Commerce Commission.

Andrew C. Armstrong, Baltimore, Md., T. O. Broker, J. T. Clark, Cleveland, Ohio, L. T. Duerinck, Donald M. Tolmie, Chicago, Ill., and Edward A. Kaier, Philadelphia, Pa., for intervening railroads.

Andrew P. Martin and Charles F. Clarke, Jr., of Squire, Sanders & Dempsey, Cleveland, Ohio, for United States Steel Corp., intervener.

Before WEICK, Circuit Judge, and CONNELL and KALBFLEISCH, District Judges.

CONNELL, District Judge.

This action is before this three-judge statutory court, convened pursuant to 28 U.S.C.A. § 2284, to compel the Interstate Commerce Commission (hereinafter called Commission) either to reject from its files, or, in the alternative, to suspend the operation of certain tariff schedules containing reduced all-rail rates on pig iron moving from Cleveland, Ohio, to Chicago, Illinois, pending an investigation into their lawfulness under the...

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