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ALABAMA POWER COMPANY v. UNITED STATES

Civ. A. No. 2970-68.

316 F.Supp. 337 (1969)

ALABAMA POWER COMPANY et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court, District of Columbia.

Judgment Affirmed December 8, 1970.

Attorney(s) appearing for the Case

Charles J. McCarthy, J. Raymond Clark, and William M. Maddox, Washington, D. C., for plaintiffs.

William A. Imhof, Washington, D.C., for the Secretary of Agriculture as intervening plaintiff.

Arthur J. Cerra, Washington, D.C., for defendant, Interstate Commerce Commission.

Richard J. Murphy, Gen. Atty., Philadelphia, Pa., for railroads as intervening defendants.

Before WRIGHT and TAMM, Circuit Judges, and CORCORAN, District Judge.

Judgment Affirmed December 8, 1970. See 91 S.Ct. 259.

OPINION

CORCORAN, District Judge:

This action was instituted by several groups of shippers to enjoin, annul and set aside certain rate increase orders of the Interstate Commerce Commission entered November 26, 1968 and January 9, 1969 in Ex Parte No. 259, Increased Freight Rates, 1968.1 These orders permitted Class I railroads of the United States to effect a general...

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