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REA EXPRESS, INC. v. ALABAMA GREAT SOUTHERN RAILROAD CO.

No. 71 Civ. 4278.

343 F.Supp. 851 (1972)

REA EXPRESS, INC., Plaintiff, v. The ALABAMA GREAT SOUTHERN RAILROAD COMPANY et al., Defendants.

United States District Court, S. D. New York.

June 5, 1972.

Attorney(s) appearing for the Case

Anderson, Allegaert & Russell, New York City, for plaintiff; Eugene R. Anderson, Donald A. Herner and Arthur M. Wisehart, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendants Chesapeake and Ohio R. Co., Baltimore and Ohio R. Co. and Western Maryland R. Co.; Carl E. Newton, M. Lauck Walton, David A. Cutner and Michael J. Thomas, New York City, of counsel.

METZNER, District Judge:

Defendants Chesapeake and Ohio Railway Co., Baltimore and Ohio Railroad Co. and Western Maryland Railway Co. move pursuant to Rule 12(b) (1), Fed. R.Civ.P., to dismiss the complaint on the ground that the court lacks jurisdiction over the subject matter. The moving defendants assert that plaintiff's complaint constitutes an attack upon the validity of existing orders of the Interstate Commerce Commission, which must be brought before a three...

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