25 F.2d 462 (1928)


District Court, S. D. West Virginia.

April 14, 1928.

Attorney(s) appearing for the Case

John W. Davis, of New York City, R. E. Quirk, of Washington, D. C., E. L. Greever, of Tazewell, Va., and J. V. Norman, of Louisville, Ky., for complainants.

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

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

Herbert Fitzpatrick, of Huntington, W. Va., Theodore W. Reath, of Philadelphia, Pa., William A. Northcutt, of Louisville, Ky., and W. S. Bronson, D. Lynch Younger, and Charles J. Rixey, Jr., all of Washington, D. C., for defendants railway companies.

August G. Gutheim, of Washington, D. C., George Poffenbarger, of Charleston, W. Va., Ernest S. Ballard and Frank E. Harkness, both of Chicago, Ill., A. M. Belcher, of Charleston, W. Va., F. M. Livezey, of Huntington, W. Va., Howard B. Lee, of Charleston, W. Va., Andrew P. Martin, of Cleveland, Ohio, Harry I. Allen, of Chicago, Ill., Charles E. Elmquist, of St. Paul, Minn., Squire, Sanders & Dempsey and C. F. Taplin, all of Cleveland, Ohio, Leslie F. Laylin, of Columbus, Ohio, Charles R. Webber, of Baltimore, Md., W. N. King, of Cleveland, Ohio, James Stillwell, Guernsey Orcutt, and Alfred S. Knowlton, all of Pittsburgh, Pa., for sundry interveners.

Before PARKER and NORTHCOTT, Circuit Judges, and McCLINTIC, District Judge.

PARKER, Circuit Judge.

This suit was brought by coal producers engaged in mining and shipping coal from southern West Virginia, western Virginia, eastern Tennessee, and eastern Kentucky, against the United States and a number of railroad companies engaged in the transportation of coal from that territory to ports on Lake Erie. Its purpose is to enjoin the enforcement of an order of the Interstate Commerce Commission, entered February 21, 1928, which directs that the...

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