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UNITED STATES v. NEW RIVER CO.

Nos. 627 and 628.

265 U.S. 533 (1924)

UNITED STATES AND INTERSTATE COMMERCE COMMISSION v. NEW RIVER COMPANY ET AL. SLAB FORK COAL COMPANY ET AL. v. NEW RIVER COMPANY ET AL.

Supreme Court of United States.

Decided June 9, 1924.

Attorney(s) appearing for the Case

Mr. Blackburn Esterline, Assistant to the Solicitor General, with whom Mr. Solicitor General Beck was on the brief, for the United States.

Mr. George T. Bell for appellants in No. 628.

Mr. James W. Carmalt, with whom Mr. Addison C. Burnham and Mr. August G. Gutheim were on the brief, for appellees.

Mr. J. Carter Fort, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission.

MR. JUSTICE BUTLER delivered the opinion of the Court.

This suit was brought by the appellees against the Chesapeake & Ohio Railway Company and the Virginian Railway Company, competing interstate carriers by railroad, the United States and the Interstate Commerce Commission to enjoin the carriers from applying a certain rule (Rule 4 of Circular CS-31, Revised) for the distribution of coal cars and to set aside the decision and order of the Commission of December...

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