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MARTIN MARIETTA CORPORATION v. UNITED STATES

Civ. No. 72-1077-HM.

387 F.Supp. 493 (1975)

MARTIN MARIETTA CORPORATION v. UNITED STATES of America et al.

United States District Court, D. Maryland.

January 21, 1975.

Attorney(s) appearing for the Case

Benjamin C. Howard, Baltimore, Md., and Samuel P. Delisi, Pittsburgh, Pa., for plaintiff.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C.; George Beall, U. S. Atty., Robert Rohrbaugh, Asst. U. S. Atty., for defendant United States.

Fritz R. Kahn, Gen. Counsel, James F. Tao, Atty., Peter Fitzpatrick, Atty., for I.C.C., Washington, D. C.

John H. Lewin, Sr., Baltimore, Md., and Hugh B. Cox, Charles A. Horsky, Michael Boudin, Washington, D. C., for intervening defendants Southern Railway Company, and others.

Before WINTER, Circuit Judge, and HARVEY and MURRAY, District Judges.

HERBERT F. MURRAY, District Judge.

I

Facts

Plaintiff Martin Marietta Corporation (or its predecessor Southern Cement Co.) has since 1962 operated a cement plant in Magnolia, Georgia, within the corporate limits of the city of Atlanta. The plant is unusual in that its raw materials — limestone and marble quarried into untrimmed boulders, which plaintiff terms "cement stone" — are shipped to the plant from some distance away...

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