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AMERICAN WATERWAYS OPERATORS, INC. v. UNITED STATES

Civ. A. Nos. 2322-72 and 2323-72.

386 F.Supp. 799 (1974)

AMERICAN WATERWAYS OPERATORS, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Southern Railway Company, Intervening Defendant. AMERICAN COMMERCIAL BARGE LINE CO. et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Southern Railway Company, Intervening Defendant.

United States District Court, District of Columbia.

December 18, 1974.

Attorney(s) appearing for the Case

A. Alvis Layne, Leo C. Franey, Washington, D.C., for plaintiffs, American Waterways Operators, Inc., and others.

Arthur L. Winn, Jr., Samuel H. Moerman, Paul M. Donovan, Washington, D. C., for plaintiffs, American Commercial Barge Line Co., and others.

Roger B. Andewelt, Dept. of Justice, Washington, D.C., for defendant, United States.

Betty Jo Christian, Interstate Commerce Commission, Washington, D.C., for defendant, Interstate Commerce Commission.

Charles A. Horsky, Washington, D.C., for intervenor defendant, Southern Railway Company.

Before ROBINSON, Circuit Judge, and BRYANT and SMITH, District Judges.

OPINION

JOHN LEWIS SMITH, District Judge:

These related cases present for our review a determination by the Interstate Commerce Commission (Commission) that the Southern Railway Company (Southern) is not precluded by law from owning and operating a barge line subsidiary for the purpose of transporting coal along the Ohio and Tennessee Rivers.1 The relevant statute is the Panama Canal Act of 1912 § 11, 37 Stat. 566, as amended...

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