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CHES. & OHIO RY. v. PUB. SERVICE COMM.

No. 64.

242 U.S. 603 (1917)

CHESAPEAKE & OHIO RAILWAY COMPANY v. PUBLIC SERVICE COMMISSION OF THE STATE OF WEST VIRGINIA.

Supreme Court of United States.

Decided February 5, 1917.

Attorney(s) appearing for the Case

Mr. F.B. Enslow, with whom Mr. H. Fitzpatrick was on the briefs, for plaintiff in error.

Mr. S.B. Avis and Mr. F.C. Pifer for defendant in error, submitted.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This was a proceeding under the laws of West Virginia (Acts 1913, c. 9, § 16) to suspend and vacate an order of the Public Service Commission of that State requiring the Chesapeake & Ohio Railway Company to install and maintain upon a branch line in that State a passenger service consisting of two passenger trains daily each way. The order was assailed on several grounds, one of these being that...

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