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BURKE-PARSONS-BOWLBY CORPORATION v. UNITED STATES

Civ. A. No. 3337.

268 F.Supp. 203 (1967)

The BURKE-PARSONS-BOWLBY CORPORATION, a corporation, C. A. Parrish Company, a copartnership, Mountaineer Lumber Company, Inc., a corporation, Hardwood Corporation of America, a corporation, Bill Bailey, doing business as B & K Feed Store, Monarch Rubber Company, a corporation, and the Public Service Commission of the State of West Virginia, a governmental corporation, Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and The Baltimore & Ohio Railroad Company, a corporation, Intervening Defendant.

United States District Court S. D. West Virginia, Charleston Division.

April 13, 1967.

Attorney(s) appearing for the Case

George M. Scott, Spencer, W. Va., Robert L. Hart, Public Service Commission, Charleston, W. Va., for plaintiffs.

John H. D. Wigger, Dept. of Justice, Washington, D. C., and Milton J. Ferguson, U. S. Atty., Charleston, W. Va., Leonard S. Goodman, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

George Doering, Sr., Gen. Atty., Baltimore, Md., and William F. Wunschel, Charleston, W. Va., for Baltimore & O. R. Co.

Before BOREMAN, Circuit Judge, and FIELD and CHRISTIE, District Judges.

PER CURIAM:

This is an action under 28 U.S.C.A. §§ 1336, 1398, 2284 and 2321-2325, to enjoin and set aside the report, order and certificate of the Finance Review Board of the Interstate Commerce Commission in the proceeding entitled The Baltimore and Ohio Railroad Company Abandonment between Ravenswood and Spencer, West Virginia, Finance Docket No. 22930, decided March 29, 1965, and an order of Division 3 of the Commission entered on October 7, 1965, denying...

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