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GENERAL MOTORS CORPORATION v. UNITED STATES

Civ. No. 19633.

193 F.Supp. 198 (1961)

GENERAL MOTORS CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, The Alabama Great Southern Railroad Company et al., Intervening Defendants.

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

March 16, 1961.

Attorney(s) appearing for the Case

Henry M. Hogan, Detroit, Mich., for plaintiff General Motors. Walter R. Frizzell and E. J. McGratty, Jr., Detroit, Mich., of counsel.

Arthur J. Cerra, Asst. Gen. Counsel, ICC, James A. Murray, Assoc. Gen. Counsel, ICC, Washington, D. C., for Interstate Commerce Comm.

J. Edgar McDonald, New York City, Frederick L. Wyckoff, Detroit, Mich., for intervening defendant.

George E. Woods, U. S. Atty., Detroit, Mich., for defendant The United States.

KAESS, District Judge.

This action is brought by plaintiff to set aside certain orders of the Interstate Commerce Commission and to enjoin their enforcement. The Alabama Great Southern Railroad Company, along with approximately one hundred fifty other railroads, intervened as defendants.

The general subject matter in this controversy is the applicability of tariff rates as imposed by railroads. Prior to May 30, 1952 there existed class rates within and between...

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