Central Vermont Railway, Inc. v. United States

• Decision Date: 29 March 1966
• Docket Number: Civ. A. No. 4010.
• Citation: 253 F. Supp. 431
• Parties: CENTRAL VERMONT RAILWAY, INC., et al. v. UNITED STATES of America, and Interstate Commerce Commission.
• Court: U.S. District Court — District of Vermont

253 F. Supp. 431

CENTRAL VERMONT RAILWAY, INC., et al. v. UNITED STATES of America, and Interstate Commerce Commission.

Civ. A. No. 4010.

United States District Court D. Vermont.

March 29, 1966.

J. Edgar McDonald, New York City, Horace H. Powers, St. Albans, Vt., William H. Parsons, Washington, D. C., John F. Reilly, Albany, N. Y., for plaintiff.

David G. Bress, U. S. Atty., and Asst. U. S. Atty., Leonard S. Goodman, Washington, D. C., E. B. Ussery, Columbia, S. C., for Beneficiaries under Reparation of Interstate Commerce Commission. John H. D. Wigger, Washington, D. C., for defendants.

GIBSON, District Judge.

On June 2, 1964, the plaintiffs filed their complaints asking this Court to set aside and annul reports and orders of the Interstate Commerce Commission. In their prayers, plaintiffs prayed that this Court restrain and suspend the orders of the Commission dated May 7, 1958, February 19, 1959 and April 2, 1964, pending the final hearing and determination of this action; that after hearing this Court enter a decree permanently suspending, enjoining, setting aside and annulling said orders of the Commission. The decision and order of the Interstate Commerce Commission of April 2, 1964 ordered the plaintiffs, or some of them, to pay unto the complainants, H. K. Porter Company, Inc., Raybestos-Manhattan, Inc., Union Asbestos & Rubber Company and Carolina Asbestos Company, on or before June 11, 1964 various sums of money which were in the nature of refunds for unjust charges found that were collected in transportation of crude asbestos, asbestos fiber, asbestos waste, refuse and shorts from origins in Canada to destinations in North and South Carolina. This order of the Interstate Commerce Commission was a reparation order and it was not accompanied by a cease and desist order.

This Court on June 5, 1964 entered a temporary restraining order as requested by the plaintiffs and ordered that a hearing as to whether or not a preliminary injunction should be issued should be held on the 15th of June, 1964 in Brattleboro, Vermont. Hearing was held in Brattleboro on said June 15th and the temporary restraining order by agreement of parties continued until June 22, 1964. On June 19, 1964, this Court cancelled the temporary restraining order issued on June 5 and denied the issuance of a temporary injunction.

On August 13, 1964 a joint answer of the United States of America and the Interstate Commerce Commission was filed asking for the dismissal of the plaintiffs' complaint in this action on the grounds that this Court lacked jurisdiction to entertain the complaint; secondly, if this Court does have jurisdiction,...