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ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY v. UNITED STATES

Civ. A. No. 61 C 309(1).

207 F.Supp. 293 (1962)

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY et al., Plaintiffs, v. The UNITED STATES of America, and The Interstate Commerce Commission, Defendants, Southern Motor Carriers Rate Conference, Inc., et al., Intervenors.

United States District Court E. D. Missouri, E. D.

July 5, 1962.

Attorney(s) appearing for the Case

John E. McCullough and Ernest D. Grinnell, Jr., St. Louis, Mo. (Toll Ware, St. Louis, Mo., A. J. Dixon, Washington, D. C., Wm. E. Davis, Kansas City, Mo., Donald Turkal, Richmond, Va., Albert Russ, Jacksonville, Fla., Eugene S. Davis, and John L. Davidson, Jr., St. Louis, Mo., for plaintiffs.

Robert Kennedy, Atty. Gen. of the United States, Washington, D. C., D. Jeff. Lance, U. S. Atty., St. Louis, Mo., Lee Loevinger, Asst. Atty. Gen., Dept. of Justice, Richard A. Soloman, Atty., Dept of Justice, Archibald Cox, Solicitor Gen. of the United States, Dept. of Justice, Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, B. Franklin Taylor, Jr., Assoc. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

Ariel V. Conlin, Crimm & Postell, Atlanta, Ga., Resident Counsel, LaTourette & Rebman, St. Louis, Mo., for intervenors.

Before MATTHES, Circuit Judge, and HARPER and MICKELSON, District Judges.

MATTHES, Circuit Judge.

This action was brought under 28 U. S.C.A. §§ 1336, 2284, and 2321-2325 by the St. Louis-San Francisco Railway Company and six other railroads as plaintiffs (hereinafter referred to collectively as "Railroads") to set aside and enjoin a rate order of the Interstate Commerce Commission (hereinafter referred to as the ICC or "Commission"), dated May 5, 1961, reported as Cigars from Jacksonville to Kansas City, 313 I.C.C. 633. Upon order...

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