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CHICAGO, R. I. & P. RY. CO. v. UNITED STATES

No. 3091-349.

6 F.2d 888 (1925)

CHICAGO, R. I. & P. RY. CO. et al. v. UNITED STATES et al.

District Court, N. D. Texas, Dallas Division.

June 8, 1925.

Attorney(s) appearing for the Case

Lassiter, Harrison & Pearson, of Fort Worth, Tex., M. G. Roberts, A. B. Enoch, of Chicago, Ill., and Goree, Odell & Allen, of Forth Worth, Tex., for plaintiffs.

P. J. Farrell and D. W. Knowlton, both of Washington, D. C., for Interstate Commerce Commission.

Blackburn Esterline, of Washington, D. C., Asst. Sol. Gen., for the United States.

R. C. Fulbright, of Houston, Tex., for Houston, Dallas, and Oklahoma Cotton Exchanges, interveners.

Before FOSTER, Circuit Judge, and ESTES and ATWELL, District Judges.

ATWELL, District Judge.

The bill seeks an interlocutory restraining order, and the writer called to his assistance Circuit Judge FOSTER and District Judge ESTES. Under the amendment to the Judiciary Act of February 13, 1925 (43 Stat. 936), it is necessary that the cause on its merits must be tried before three judges; therefore all counsel during the hearing agreed that the hearing should be considered as a hearing on the merits. The record made before the Interstate...

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