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

No. 71 Civ. 4278.

427 F.Supp. 1157 (1976)

REA EXPRESS, INC., Plaintiff, v. ALABAMA GREAT SOUTHERN RAILROAD COMPANY et al., and the United States of America, Defendants. Interstate Commerce Commission, Intervenor.

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

November 18, 1976.

Attorney(s) appearing for the Case

Robert L. Wright, Washington, D. C. (Arthur M. Wisehart, Wisehart, Friou & Koch, New York City, of counsel), for plaintiff.

Edwin M. Zimmerman, Washington, D. C. (S. William Livingston, Jr., Covington & Burling, Washington, D. C., Frank H. Gordon and Rogers, Hoge & Hills, New York City, of counsel), for defendants Alabama Great Southern R. Co., and others.

Carl E. Newton, New York City (Thomas J. Ahlf, John W. Wall and Donovan, Leisure, Newton & Irvine, New York City, of counsel), for defendants The Chesapeake & Ohio R. Co., The Baltimore and Ohio R. Co., and Western Maryland R. Co.

Peter M. Shannon, Jr., Washington, D. C. (Arthur J. Cerra, Gen. Counsel, and Peter A. Fitzpatrick, Acting Associate Gen. Counsel, I. C. C., Washington, D. C., of counsel), for intervenor.

Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson and Catherine G. O'Sullivan, Dept. of Justice, Washington, D. C., for U. S. on the brief.

Before FRIENDLY, Circuit Judge, and KNAPP and GRIESA, District Judges.

FRIENDLY, Circuit Judge:

REA Express, Inc. (REA) here is both suing its former railroad owners and other holders of REA notes issued in 1959 and seeking the invalidation of Interstate Commerce Commission action taken in connection with those REA obligations. The complaint and the petition for review center upon the issuance of the 1959 notes and the creation of their antecedent, the so-called "non-negotiable debt," raising claims under section 10 of the Clayton Act...

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