AMERICAN TRUCKING ASSOCIATIONS, INC., and National Tank Truck Carriers, Inc., Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
The Atchison, Topeka and Santa Fe Railway Company, representing 48 railroads, Southern Railway Company, representing 18 railroads, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen and Switchmen's Union of North America, Commissioners of the Massachusetts Department of Public Utilities, State of Illinois, State of South Dakota, Public Utility Commission of the State of California, Intervening Defendants.
United States District Court District of Columbia.https://leagle.com/images/logo.png
June 10, 1965.
June 10, 1965.
Attorney(s) appearing for the Case
Peter T. Beardsley, William R. Rubbert, Richard R. Sigmon, and Harry C. Ames, Jr., of Washington, D. C., for plaintiffs.
William H. Orrick, Jr., Asst. Atty. Gen. of the United States, and John H. D. Wigger, Dept. of Justice, David C. Acheson, U. S. Atty., Robert W. Ginnane, Gen. Counsel, and Francis A. Silver, Associate Gen. Counsel, I. C. C., Washington, D. C., for defendants.
Paul F. McArdle and William M. Moloney, Washington, D. C., for intervenors, Atchison, Topeka & Santa Fe Railway Co., and others.
William P. Stallsmith, Jr., Washington, D. C., for intervenors, Southern Railway Co., and others.
George Stephen Leonard, Washington, D. C., for intervenors, Brotherhood of Locomotive Engineers, and others.
Edward G. Seferian, Counsel, Mass. Dept. of Public Utilities, Watertown, Mass., for intervenor, Commissioners of the Mass. Dept. of Public Utilities.
William G. Clark, Atty. Gen. of Illinois, and Edward G. Finnegan, Asst. Atty. Gen., Chicago, Ill., for intervenor, State of Illinois.
Frank L. Farrar, Atty. Gen., of South Dakota, Pierre, S. D., for intervenor, State of South Dakota.
Richard E. Tuttle, Chief Counsel, and William C. Bricca, Senior Counsel, Public Utilities Commission of State of California, San Francisco, Cal., and Austin L. Roberts, Jr., Washington, D. C., for intervenor, Public Utilities Commission of State of California.
The National Association of Railroad & Utilities Commissioners filed a brief amicus curiae.
Before TAMM, Circuit Judge, and KEECH and CURRAN, District Judges.
United States District Court District of Columbia.
CURRAN, District Judge.
This is a civil action to suspend, enjoin, annul and set aside a report and order issued by the Interstate Commerce Commission, in its Docket No. 33440, Prevention of Rail-Highway Grade-Crossing Accidents Involving Railway Trains and Motor Vehicles, on January 22, 1964, discontinuing said proceeding.
The jurisdiction asserted by the plaintiffs is based upon the provisions of the Interstate Commerce Act, the Administrative Procedure...
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