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INTERSTATE COMMERCE COMMISSION v. UNITED STATES

No. 4505.

17 F.2d 860 (1927)

INTERSTATE COMMERCE COMMISSION v. UNITED STATES ex rel. FT. DODGE, D. M. & S. R. CO.

Court of Appeals of District of Columbia.

Decided February 7, 1927.

Attorney(s) appearing for the Case

P. J. Farrell and E. M. Reidy, both of Washington, D. C., for appellant.

R. B. Fleharty and J. W. Carmalt, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and HATFIELD, Judge of the United States Court of Customs Appeals.

MARTIN, Chief Justice.

This is an appeal from a judgment in mandamus entered by the lower court requiring the Interstate Commerce Commission to appoint a board of referees to determine the just compensation due to the Ft. Dodge, Des Moines & Southern Railroad Company, under the guaranty provisions contained in section 209 of the Transportation Act of 1920 (Comp. St. § 10071¼dd). The cause was submitted and decided below upon the pleadings and the exhibits...

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