SEABOARD AIRLINE RAILROAD v. UNITED STATES

Civ. A. No. 5013.

268 F.Supp. 500 (1967)

SEABOARD AIRLINE RAILROAD et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Southern Railway Company et al., Defendant-Intervenors.

United States District Court E. D. Virginia.

April 3, 1967.


Attorney(s) appearing for the Case

Donal L. Turkal, Richmond, Va. (C. E. Martin, Atlanta, Ga., John F. Smith, Louisville, Ky., A. K. McIntyre, Erwin, Tenn., Phil C. Beverly, Jacksonville, Fla., on brief), for plaintiffs.

Raymond M. Zimmet, Atty., Interstate Commerce Com'n (Robert W. Ginnane, Gen. Counsel, Interstate Commerce Com'n, Donald F. Turner, Asst. Atty. Gen., Claude V. Spratley, Jr., U. S. Atty., John H. D. Wigger, Atty., Dept. of Justice, on brief), for defendants.

John W. Douglas, Washington, D. C. (Hugh B. Cox, William H. Allen, Earl E. Eisenhart, Jr., Washington, D. C., H. Merrill Pasco, Richmond, Va., Verner, Liipfert & Bernhard and Covington & Burling, Washington, D. C., on brief), for defendant-intervenors, Southern Ry. Co. and others.

Edward B. Hipp, Gen. Counsel, Raleigh, N. C., for defendant-intervenor, North Carolina Public Utilities Commission. George A. Goodwyn, Asst. Atty. Gen. (T. Wade Burton, Atty. Gen. of North Carolina, on brief), for defendant-intervenors, North Carolina State Highway Commission and others.

Harry M. Lightsey, Jr., Asst. Atty. Gen., for defendant-intervenors, Public Service Commission of South Carolina and others.

Before BRYAN, Circuit Judge, and LEWIS and BUTZNER, District Judges.


ALBERT V. BRYAN, Circuit Judge.

The pith of this controversy is the accusation by the plaintiff railroads1 "that the local point-to-point carload commodity rates maintained by defendant-intervenors [Southern Railway System2] on sand, gravel, and crushed stone, at times hereinafter called aggregates, in those * * * [Southern] regions, are unjust and unreasonable...

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