PITTSBURGH & W. V. RY. CO. v. UNITED STATES

No. 945.

6 F.2d 646 (1924)

PITTSBURGH & W. V. RY. CO. et al. v. UNITED STATES.

District Court, W. D. Pennsylvania.

January 4, 1924.


Attorney(s) appearing for the Case

Frank M. Swacker, of New York City, and John F. Finerty, of Washington, D. C., for petitioners.

Alfred A. Wheat, Sp. Asst. Atty. Gen., and Blackburn Esterline, Asst. Sol. Gen., of Washington, D. C., for the United States.

Charles F. Taplin, of Cleveland, Ohio, for intervening defendant coal companies.

Before WOOLLEY, Circuit Judge, and GIBSON and SCHOONMAKER, District Judges.


WOOLLEY, Circuit Judge (after stating the facts as above).

Seven coal operators located on the line of the Pittsburgh & West Virginia Railway Company in Pennsylvania and West Virginia severally instituted proceedings before the Interstate Commerce Commission seeking reparation for damages which they had sustained, as they alleged, through that company's preferential practices in the distribution of empty coal cars, for use in interstate commerce, during two periods...

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