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BURKE COUNTY, GEORGIA v. UNITED STATES

Civ. A. No. 1031.

206 F.Supp. 586 (1962)

BURKE COUNTY, GEORGIA; City of Waynesboro, Georgia; Screven County, Georgia; and City of Sylvania, Georgia, Plaintiffs, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Savannah & Atlanta Railway Company, and Central of Georgia Railway Company, Intervening Defendants.

United States District Court S. D. Georgia, Augusta Division.

June 29, 1962.

Attorney(s) appearing for the Case

Henry T. Chance, Roy V. Harris, of Harris, Chance, McCracken & Harrison, Augusta, Ga., W. Colbert Hawkins, Sylvania, Ga., H. Cliff Hatcher, Waynesboro, Ga., R. U. Harden, Waynesboro, Ga., for plaintiffs.

Lee Loevinger, Asst. Atty. Gen., Washington, D. C., Donald H. Frazier, U. S. Atty., S. D. of Georgia, Savannah, Ga., William T. Morton, Asst. U. S. Atty., Augusta, Ga., for defendant United States.

James Y. Piper, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for intervening defendant, Interstate Commerce Commission.

R. M. Hitch, Savannah, Ga., for Intervening defendant Savannah & Atlanta R. Co.

John B. Miller, Savannah, Ga., for intervening defendant Central of Georgia R. Co.

Hitch, Miller, Beckmann & Simpson, Savannah, Ga., of counsel for intervening defendants.

Before JONES, Circuit Judge, and SCARLETT and SIMPSON, District Judges.

SIMPSON, District Judge.

This suit is brought pursuant to Title 49 U.S.C.A. § 17(9), and Title 28 U.S.C. § 2321 et seq. to set aside that portion of an order of the Interstate Commerce Commission which permitted the Savannah & Atlanta Railroad Company (hereinafter referred to as the S. & A.) to abandon its line of railroad between Sylvania, Georgia and Waynesboro, Georgia.

On September 2, 1959, the S. & A. filed an application with the...

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