UNION MECHLING v. UNITED STATES

Civ. A. No. 73-1063.

390 F.Supp. 391 (1974)

UNION MECHLING et al., Plaintiffs, v. The UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Hennepin Towing Company, Intervening Defendant.

United States District Court, W. D. Pennsylvania.

November 26, 1974.


Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., John H. D. Wigger, Dept. of Justice, Washington, D. C., for U. S.

H. G. Homme, Jr., Washington, D. C., for I. C. C.

G. Daniel Carney, Thorp, Reed & Armstrong, Pittsburgh, Pa., for plaintiffs.

Donald Macleay, Macleay, Lynch, Bernhard & Gregg, Washington, D. C., S. S. Eisen, Eisen & Mitchell, New York City, for Union Mechling Corp.

Richard J. Hardy, Hardy & Chapman, Washington, D. C., for Federal Barge Lines, Inc. and Gulf-Canal Lines, Inc.

Harry C. Ames, Jr., Ames, Hill & Ames, P. C., Washington, D. C., for American Commercial Barge Line Co., Coyle Lines Inc. and The Valley Line Co.

William F. King, Major, Sage & King, Alexandria, Va., Eric P. Reif, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Hennepin Towing Co.

Before WEIS, Circuit Judge, and DUMBAULD and SCALERA, District Judges.


OPINION

SCALERA, District Judge.

This is an action to enjoin the order of the Interstate Commerce Commission (I.C.C.)1 granting a certificate of public convenience and necessity to Hennepin Towing Company (Hennepin), the intervening defendant, to operate as a common carrier by water on certain inland waterways — on the Mississippi River from St. Paul-Minneapolis to New Orleans; on the Illinois River from Chicago

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