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SWACKER v. SOUTHERN RAILWAY COMPANY

Civ. A. Nos. 922, 976.

240 F.Supp. 51 (1965)

Frank L. SWACKER, Jr., et al. v. SOUTHERN RAILWAY COMPANY et al. RAILWAY LABOR EXECUTIVES' ASSOCIATION et al. v. SOUTHERN RAILWAY COMPANY et al.

United States District Court W. D. Virginia, Abingdon Division.

March 20, 1965.

Attorney(s) appearing for the Case

No. 922:

Shannon & Newman, Appalachia, Va., for plaintiffs.

Leslie M. Mullins, and Robert T. Winston, Jr., Norton, Va., for Southern & Interstate, in both cases.

No. 976:

William G. Mahoney, Washington, D. C., for plaintiffs.

James I. Hardy, Washington, D. C., for Southern.

Marvin E. Frankel, Proskauer, Rose, Goetz & Mendelsohn, New York City, Roman J. Gerber, Hamilton & Hamilton, Washington, D. C., for Southern and Interstate.

DALTON, Chief Judge.

On June 12, 1959, the Southern Railway Company filed proceedings under 49 U.S.C. § 5(2) with the Interstate Commerce Commission requesting authority to acquire all the outstanding capital stock of the Interstate Railroad Company. The report of the Hearing Examiner, dated October 6, 1960, recommended the sale of Interstate's stock to Southern and, pursuant to 49 U.S.C. § 5(2) (f), imposed certain conditions for the protection of the railway...

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