SAMBOR v. PHILADELPHIA RAPID TRANSIT CO.

No. 4175.

27 F.2d 406 (1928)

SAMBOR et al. v. PHILADELPHIA RAPID TRANSIT CO. et al.

District Court, E. D. Pennsylvania.

June 26, 1928.


Attorney(s) appearing for the Case

James J. Regan, Jr., of Philadelphia, for plaintiffs.

C. J. Joyce and Frederic L. Ballard (of Ballard, Spahr, Andrews & Ingersoll), both of Philadelphia, Pa., and Frank M. Hunter, Sp. Counsel, of Chester, Pa., for Public Service Commission.

Before DAVIS, Circuit Judge, and DICKINSON and KIRKPATRICK, District Judges.


DICKINSON, District Judge.

The conclusions reached are that the motions for a restraining order and for a preliminary injunction should be denied, and the motion to dismiss the bill be granted. Although there are thus in form three motions before us, they all merge in the question of whether the order of the Pennsylvania Public Service Commission, approving an 8-cent tariff schedule rate of fare by the Philadelphia Rapid Transit Company operating a street railway...

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