Guide to the Atlantic-Seaboard Merger Case Records 1960-1969
Cage 228

Summary Information

Repository
Manuscripts, Archives, and Special Collections, Washington State University Libraries
Creator
Burgess, Edwin H.
Title
Atlantic-Seaboard Merger Case Records
ID
Cage 228
Date [inclusive]
1960-1969
Extent
500.0 items.
General Physical Description note
8.5 linear feet of shelf space.
Language
English
Abstract
Hearings and testimony before the Interstate Commerce Commission regarding the merger between the Atlantic Coast Line and Seaboard Airline railroads; also briefs before and decisions of United States District and Supreme Courts; and judicial correspondence and other papers of E. H. Burgess, representative of the Mercantile Safe Deposit and Trust Company of Baltimore, a participant in the merger action.

Preferred Citation note

[Item Description]. Cage 228, Atlantic-Seaboard Merger Case Records . Manuscripts, Archives, and Special Collections, Washington State University Libraries, Pullman, WA.

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Biographical/Historical note

Mr. Edwin Burgess, a lawyer with wide railroad experience, was chosen in 1960 to represent the interests of the Mercantile Safe Deposit and Trust Company of Baltimore in the proposed merger of the Atlantic and the Seaboard. Mercantile held fiduciary control over nearly 35 per cent of the Atlantic Coast Line and thus would gain a controlling interest in the newly merged company.

This new railroad would bring together the 5,573 miles of track of the Atlantic with the 4,146 miles of the Seaboard. Both roads were in strong financial condition when they appeared before the Interstate Commerce Commission (ICC) for permission to merge. This merger, they claimed, would save the new line nearly 38 million dollars over a five year period. In addition, the merger would hasten the lowering of rates, eliminate duplication of service in many areas, and generally improve rail service along the whole southeastern coast of the United States.

The historical importance of this merger was recognized at the time since mergers between financially strong competitors were generally conceived as favoring monopolistic trends. Michael Conant in his 1964 study Railroad Mergers and Abandonmentcommented:

The ICC rejected all arguments opposed to the merger since to permit them to stand would have frustrated the overall objectives of the merger. Thus, in approving the merger the ICC held that it was of greater import to eliminate wasteful transport and increase efficiency than to allow a near monopolistic situation to arise in the area's rail service. However, two of the ICC examiners did reject the proposed merger on the grounds that it would not help preserve rail competition in the southeastern United States.

The decision of the ICC favoring merger was rendered on December 2, 1963. The merger, however, was not completed until several years of intervenor's court appeals were finally ended when the United States Supreme Court, in a per curiam decision, sustained the merger on May 10, 1967.

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Scope and Contents note

The records of the Atlantic-Seaboard Merger Case are composed of published applications for merger, statements, reports, and exhibits of parties favoring or opposing the merger, over five thousand pages of arguments before the ICC, and the final report of the examiners. Briefs of intervenors, who between 1964 and 1967 had appealed the ICC report first to the U.S. District Court in Jacksonville, Florida, and then to the U.S. Supreme Court, are included in the records as well as the various court decisions.

The correspondence, though limited, reflects the intimate working relationship between Edwin H. Burgess, representing the Mercantile Safe Deposit and Trust Company, with the legal department of the Atlantic and the executives of the Seaboard.

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Administrative Information

Publication Information

Manuscripts, Archives, and Special Collections, Washington State University Libraries © 1974

http://www.wsulibs.wsu.edu/masc
Terrell Library
P.O. Box 645610
Pullman, WA, 99164-5610
509-335-6691
mascref@wsu.edu

Conditions Governing Access note

This collection is open for research use.

Immediate Source of Acquisition note

The records of the Atlantic Coast Line and Seaboard Airline railroad merger case were donated to the Washington State University Library by Edwin H. Burgess in 1969.

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Controlled Access Headings

Corporate Name(s)

  • Atlantic Coast Line Railroad Company
  • Mercantile Safe Deposit and Trust Company
  • Seaboard Air Line Railway
  • United States. Interstate Commerce Commission

Personal Name(s)

  • Burgess, Edwin Haines.--Archives

Subject(s)

  • Railroads -- Mergers--Law and legislation--United States
  • Transportation

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Collection Inventory

Box-folder

Applications of ACL & SAL railroads to the ICC for Approval of merger; supplemental application of Mercantile Safe Deposit and Trust Co.; applications of interested parties to intervene and other relief; ICC orders.   39.0 items.

1 / 1-3

"Statements, resolutions, and letters of parties supporting merger."   64.0 items.

2-4 / 4-12

"Maps, schedules, reports, and other exhibits in support of merger."   39.0 items.

4 / 13-15

"Statements, resolutions, letters, reports, and other exhibits in opposition to merger."   40.0 items.

5 / 16-19

Replies of applicants to intervenors.   9.0 items.

6 / 20

Oral Arguments before Interstate Commerce Commission 

Box-folder

pp. 281-308; 311-368; 773-1070   4.0 volumes.

6 / 21

pp. 1071-1464   2.0 volumes.

6 / 22

pp. 1465-1750   3.0 volumes.

6 / 23

pp. 1751-2090   2.0 volumes.

7 / 24

pp. 2091-2381   2.0 volumes.

7 / 25

pp. 2382-2706   2.0 volumes.

7 / 26

pp. 2707-3016   2.0 volumes.

7 / 27

pp. 3017-3326   2.0 volumes.

8 / 28

pp. 3327-3484   1.0 volume.

8 / 29

pp. 3485-3785   2.0 volumes.

8 / 30

pp. 3786-3954   1.0 volume.

8 / 31

pp. 3955-4119   1.0 volume.

9 / 32

pp. 4120-4348   1.0 volume.

9 / 33

pp. 4349-4570   2.0 volumes.

9 / 34

pp. 4571-4878   2.0 volumes.

9 / 35

pp. 4879-5060   1.0 volume.

10 / 36

pp. 5061-5262   1.0 volume.

10 / 37

pp. 5263-5418   1.0 volume.

10 / 38

pp. 5419-5729   2.0 volumes.

10 / 39

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Box-folder

Corrections.   11.0 items.

10 / 40

ICC Examiner's Report.   2.0 items.

11 / 41

Exceptions of Intervenors to Examiner's Report.   23.0 items.

11 / 42-44

Exceptions of Intervenors to Examiner's Report.   10.0 items.

12 / 45

Applicants' replies to Exceptions.   6.0 items.

12 / 46

Court Proceedings 

Box-folder

"Suit by Florida East Coast RR, et al. in U.S. District Court to enjoin and set aside ICC order approving merger."   19.0 items.

12 / 47

Briefs of parties opposing merger.   3.0 items.

12 / 48

Briefs of parties opposing merger.   11.0 items.

13 / 49-50

Briefs of parties supporting merger.   8.0 items.

13 / 51-52

Oral arguments before U.S. District Court in Jacksonville, Florida, and its decision annulling ICC order approving merger, May 13, 1965   2.0 items.

14 / 53-54

Appeal by supporters of merger to U.S. Supreme Court, briefs of parties, and Supreme Court's decision vacating district court's adverse decision and remanding case to district court for reconsideration, Nov. 22, 1965   15.0 items.

14 / 55

Proceedings on remand in District Court for conference between interested parties and the courts, plus briefs in support of merger.   18.0 items.

15 / 56

Briefs of opponents of merger, oral argument before District Court and its judgment approving the merger. June 8, 1966   16.0 items.

15 / 57-58

Appeal to the U.S. Supreme Court by opponents of merger; briefs of parties, and Supreme Court's opinion per curiam sustaining the merger and Mercantile Safe Deposit & Trust Company's relation to the newly merged railroad, May 10, 1967   20.0 items.

16 / 59-60

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Box-folder

Summary of Testimony prepared for E. H. Burgess as of May 2, 1961   1.0 item.

16 / 61

Abstract of Testimony before ICC prepared in the Law Department-of the Atlantic Coast Line RR Co. as of July 5, 1961   1.0 item.

16 / 62

Abstract of Testimony before ICC prepared in the Law Dept. of the ACL RR Co. as of July 27, 1962   1.0 item.

17 / 63

Preliminary Considerations of the ICC Examiner's Recommended Report and Order, prepared in the Law Dept. of the ACL RR Co., Sept. 4, 1962   1.0 item.

17 / 64

Correspondence of E. H. Burgess, 1960-69   91.0 items.

17 / 65-67

Clippings re: proposed merger.   10.0 items.

17 / 68