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ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. UNITED STATES

No. 67 C 1654.

300 F.Supp. 1339 (1969)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Great Northern Railway Company, Northern Pacific Railway Company, Southern Pacific Company, Spokane, Portland and Seattle Railway Company, Union Pacific Railroad Company, and Western Pacific Railroad Company, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Sea-Land Service, Inc., Intervening Defendant.

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

June 19, 1969.

Attorney(s) appearing for the Case

James E. Nisbet and Ed White, Chicago, Ill., Jeremiah C. Waterman, Washington, D. C., for plaintiffs.

Thomas A. Foran, U. S. Atty., Chicago, Ill., Barry Roberts and Jerome Nelson, Interstate Commerce Commission, Washington, D. C., for defendants.

Warren Price, Jr., Washington, D. C., Harold E. Spencer, Chicago, Ill., H. H. Shull, Jr., Elizabeth, N. J., for intervening defendant.

Before SWYGERT, Circuit Judge, and PERRY and NAPOLI, District Judges.

MEMORANDUM OPINION

PERRY, District Judge.

Sea-Land Service, Inc., (hereinafter "Sea-Land"), a common carrier of freight by water, transporting property between points in the United States, on December 28, 1964 filed its application (later amended) with the Interstate Commerce Commission seeking a certificate of public convenience and necessity authorizing the transportation, in interstate or foreign commerce, of general commodities, over regular routes ...

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