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FREEPORT SULPHUR COMPANY v. UNITED STATES

199 F.Supp. 913 (1961)

FREEPORT SULPHUR COMPANY, Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission and Soo Line Railroad Company, Defendants.

United States District Court S. D. New York.

December 22, 1961.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Turney, Major, Markham & Sherfy, Washington, D. C. (Donald Markham, Washington, D. C., and Richard E. Nolan, New York City, of counsel), for plaintiff.

H. Neil Garson, Associate Gen. Counsel, Washington, D. C., of counsel for Interstate Commerce Commission.

Robert M. Morgenthau, U. S. Atty., New York City (John Peloso, Asst. U. S. Atty., New York City, of counsel), for United States.

Dorr, Hand, Whittaker & Watson, New York City (Seth M. Dabney and Peter W. Asher, New York City, of counsel), for Soo Line R. Co.

P. M. Brown and R. K. Webster, New York City, of counsel for Continental Ore Corp.

S. Russell Vandivort, San Francisco, Cal., and I. Slifkin, New York City, of counsel for Shell Oil Co.

I. Slifkin, New York City, Eberhard P. Deutsch and R. Himel, New Orleans, La., of counsel for Jefferson Lake Sulphur Co.

Before SWAN, Circuit Judge, and SUGARMAN and METZNER, District Judges.

SWAN, Circuit Judge.

This is a civil action in which Freeport Sulphur Company (hereafter called Freeport) seeks to set aside and enjoin enforcement of an order of the Interstate Commerce Commission (usually referred to hereafter as ICC) which vacated a prior order. The prior order had suspended and directed investigation of new rates proposed by Soo Line and connecting railroads (referred to collectively as "the railroads") for the transportation of crude sulphur...

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