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BIRMINGHAM FOOD TERMINAL, INC. v. SOUTHERN RAILWAY CO.

Civ. A. Nos. 9080, 9155, 9815.

205 F.Supp. 640 (1962)

BIRMINGHAM FOOD TERMINAL, INC., a corporation, et al., Plaintiffs, v. SOUTHERN RAILWAY COMPANY, a corporation, et al., Defendants. UNITED STATES of America, Plaintiff, v. SOUTHERN RAILWAY COMPANY, a corporation, et al., Defendants. SOUTHERN RAILWAY COMPANY et al., Plaintiffs, v. A K INVESTMENT CORPORATION et al., Defendants.

United States District Court N. D. Alabama, S. D.

June 8, 1962.

Attorney(s) appearing for the Case

No. 9080:

Pritchard, McCall & Jones, Birmingham, Ala., for plaintiffs.

Cabaniss & Johnston, Birmingham, Ala., for defendants.

No. 9155:

Daniel M. O'Donoghue, Atty., Bureau of Inquiry & Compliance, I.C.C., Macon L. Weaver, U. S. Atty., and M. L. Tanner, Asst. U. S. Atty., Birmingham, Ala., for plaintiffs.

Cabaniss & Johnston, Pritchard, McCall & Jones, Chas. E. Cleveland, James C. Barton, Robert S. Gordon, George S. Brown and Spain, Gillon & Young, Birmingham, Ala., and Glenn M. Elliott, Memphis, Tenn., for defendants.

White, Bradley, Arant, All & Rose, David J. Vann, Francis H. Hare and D. H. Markstein, Jr., Birmingham, Ala., and, A. Alvis Layne, Washington, D. C., for intervening plaintiffs.

No. 9815:

Cabaniss & Johnston, Birmingham, Ala., and William D. McLean and N. K. Sneed, III, Washington, D. C., for plaintiffs.

Pritchard, McCall & Jones, Birmingham, Ala., for defendants.

LYNNE, Chief Judge.

These actions, having been consolidated by order on pretrial hearing entered January 15, 1962, were tried to the court, without the intervention of a jury, from April 23, 1962, through May 2, 1962, on a mass of documentary evidence and oral testimony.

The common threads which run through these cases are the paramount questions of what rentals must be charged and collected by Southern from tenants at the Birmingham Food Terminal and what...

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