BERWIND-WHITE COAL-MINING CO. v. UNITED STATES

Nos. 3271, 3273, 3275, 3285, 3317.

9 F.2d 429 (1925)

BERWIND-WHITE COAL-MINING CO. et al. v. UNITED STATES, and four other cases.

District Court, E. D. Pennsylvania.

November 25, 1925.


Attorney(s) appearing for the Case

John Hampton Barnes, of Philadelphia, Pa., August G. Gutheim, of Washington, D. C., Charles Heebner, of Philadelphia, Pa., and Walker D. Hines and Wayne Johnson, both of New York City, for Berwind-White Coal-Mining Co. and others.

Frederic L. Ballard, of Philadelphia, Pa., Frederick H. Wood, H. A. Moore, Paul D. Cravath, and Charles S. Belsterling, all of New York City, Richard V. Lindabury, of Newark, N. J., and Charles MacVeagh, of New York City, for Bethlehem Steel Co. and others.

John Lord O'Brian, of Buffalo, N. Y., and Ralph J. Baker, of Harrisburg, Pa., for Rainey-Wood Coke Co. and others.

F. M. Rivinus and Henry Wolf Bikle, both of Philadelphia, Pa., W. S. Bronson, of Richmond, Va., Francis I. Gowen and W. L. Kinter, both of Philadelphia, Pa., W. A. Northcutt, of Louisville, Ky., C. C. Paulding, of New York City, Theodore W. Reath, of Philadelphia, Pa., and C. M. Sheafe, Jr., of New York City, for Akron, C. & Y. Ry. Co. and others.

Frank Bergen, of Newark, N. J., Henry S. Drinker, Jr., of Philadelphia, Pa., William H. Speer, of Newark, N. J., and August G. Gutheim and James W. Carmalt, both of Washington, D. C., for Public Service Electric & Gas Co.

Blackburn Esterline, Asst. Sol. Gen., of Washington, D. C., and George W. Coles, U. S. Atty., of Philadelphia, Pa., for the United States.

R. Granville Curry, of Washington, D. C., for Interstate Commerce Commission.

Greever & Gillespie, of Tazewell, Va., and A. M. Liveright, of Clearfield, Pa., for intervening defendants.

Before WOOLLEY, Circuit Judge, and THOMPSON and THOMSON, District Judges.


THOMPSON, District Judge.

These suits were brought for the purpose of enjoining, setting aside, and annulling an order of the Interstate Commerce Commission relating to the distribution of coal cars among bituminous coal mines in times of car shortage. On March 22, 1921, the Commission instituted an investigation, upon its own motion, into and concerning the reasonableness and propriety of the then existing car distribution rules, in so far as they apply to privately...

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