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ALABAMA ELEC. CO-OP., INC. v. UNITED STATES

Civ. A. No. 81-619-N.

574 F.Supp. 27 (1983)

ALABAMA ELECTRIC COOPERATIVE, INC., a corporation, and Alabama River Pulp Company, Inc., a corporation, Plaintiffs, Alabama Public Service Commission, Billy Joe Camp, as President, Lynn Greer and Jim Folsom, Jr., Associate Commissioners of the Alabama Public Service Commission, The State of Alabama, Charles A. Graddick, Attorney General of the State of Alabama, and National Association of Regulatory Utility Commissioners, Plaintiff-Intervenors, v. UNITED STATES of America and Interstate Commerce Commission and Southern Railway Company and Burlington Northern Railroad Company (formerly St. Louis-San Francisco Railway Company), Defendants, Association of American Railroads, Defendant-Intervenor.

United States District Court, M.D. Alabama, N.D.

July 13, 1983.

Attorney(s) appearing for the Case

Wayne P. Turner and Terry P. Wilson, Turner, Wilson, Christian & Dorrough, Montgomery, Ala., for plaintiff-intervenors.

Paul Rodgers, Charles D. Gray, Deborah A. Dupont, Washington, D.C., for Nat. Ass'n of Regulatory Utility Com'rs.

Robert S. Burke, Acting Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, Lawrence H. Richmond, J. Paul McGrath, Washington, D.C., John C. Bell, U.S. Atty. and Kenneth E. Vines, Asst. U.S. Atty., M.D. Alabama, Montgomery, Ala., Kathryn Ferger, Barbara S. Woodall and Sandra M. Schraibman, U.S. Dept. of Justice, Washington, D.C., for defendants U.S. and I.C.C.

Vernon L. Wells, II, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., Betty Jo Christian, Stephen Ailes, Steven Reed and Kenneth Winer, Steptoe & Johnston, Washington, D.C., Curtis H. Berg, St. Paul, Minn., and William H. Teasley, Washington, D.C., for defendants Southern Ry., Burlington Northern and Ass'n of American Railroads.

OPINION

MYRON H. THOMPSON, District Judge.

At issue in this lawsuit—seeking declaratory relief, 28 U.S.C.A. § 2201, and invoking this court's general subject matter jurisdiction, 28 U.S.C.A. § 1331—are, first, the statutory validity of regulatory decisions, affecting commercial railway traffic, of the Interstate Commerce Commission of the United States (ICC) and the Alabama Public Service Commission (APSC); and, second, the constitutionality...

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