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TENNESSEE PUBLIC SERVICE COMMISSION v. UNITED STATES

No. 68 C 1666.

294 F.Supp. 1106 (1969)

TENNESSEE PUBLIC SERVICE COMMISSION, City of Chicago, the Metropolitan Government of Nashville and Davidson County, Tennessee, State of Louisiana, Alabama Public Service Commission, Public Utilities Commission of Ohio, Railway Labor Executives' Association and United Transport Service Employees (AFL-CIO), Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission and Louisville and Nashville Railroad Company, Defendants.

United States District Court N. D. Illinois, E. D.

January 8, 1969.

Attorney(s) appearing for the Case

Raymond F. Simon, Corp. Counsel, and Bernard Rane, Asst. Corp. Counsel, City of Chicago, Chicago, Ill., Eugene W. Ward, Gen. Counsel, and J. Kenneth Atkins, Asst. Gen. Counsel, Neill S. Brown and Robert E. Kendrick, Nashville, Tenn., Weldon A. Cousins, New Orleans, La., William G. Mahoney, Washington, D. C., William F. Black, Montgomery, Ala., Gordon P. MacDougall, Washington, D. C., Langdon D. Bell, Columbus, Ohio, for certain plaintiffs.

Edwin M. Zimmerman, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Thomas A. Foran, U. S. Atty., and M. P. Siavelis, Asst. U. S. Atty., Chicago, Ill., for the United States.

Robert W. Ginnane, Gen. Counsel, and Barry Roberts, Atty., Washington, D. C., for the I.C.C.

James W. Hoeland, Louisville, Ky., and H. R. Begley, Chicago, Ill., Philip M. Lanier, Joseph L. Lenihan, James W. Hoeland and Clifford T. Coomes, Louisville, Ky., for Louisville and Nashville Railroad Co.

Before KNOCH, Senior Circuit Judge, and ROBSON and PERRY, District Judges.

MEMORANDUM AND ORDER ON MOTION TO DISMISS

ROBSON, District Judge:

This is a suit to review certain findings and conclusions of the Interstate Commerce Commission. The defendant railroad has moved to dismiss. This court is of the opinion that the motion should be granted.

On April 3, 1968, the Louisville & Nashville Railroad Company ("L & N") gave notice under 49 U.S.C. § 13a(1) that, effective May 7, 1968, its trains numbered 6 and 7...

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