ATCHISON, T. & S. F. RY. CO. v. UNITED STATES

No. 7687.

33 F.2d 345 (1928)

ATCHISON, T. & S. F. RY. CO. et al. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).

District Court, E. D. Illinois, N. D.

May 14, 1928.


Attorney(s) appearing for the Case

Wallace T. Hughes and A. B. Enoch, both of Chicago, Ill., H. H. Larimore, of St. Louis, Mo., and Elmer Westlake and R. S. Outlaw, both of Chicago, Ill., for plaintiff.

Blackburne Esterline, Asst. to Solicitor General, and George E. Q. Johnson, U. S. Dist. Atty., both of Chicago, Ill., for defendant.

Before EVANS, Circuit Judge, and CARPENTER and WILKERSON, District Judges.


PER CURIAM.

Plaintiffs brought this suit to enjoin, annul, and set aside an order of the Interstate Commerce Commission entered July 6, 1927, wherein the Commission ordered plaintiffs to cancel certain rates on grain and grain products published by them.

This three-judge court was convened to hear the plaintiffs' application for a temporary injunction, but it was agreed that the hearing should be a final one. Evidence consisting almost entirely of the testimony...

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