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WALLOWER v. UNITED STATES

32 F.2d 524 (1928)

WALLOWER et al. v. UNITED STATES.

District Court, W. D. Missouri.

On Final Hearing. March 11, 1929.

Attorney(s) appearing for the Case

J. H. Flanigan and Allen McReynolds, both of Carthage, Mo., for plaintiff.

Roscoe C. Patterson, U. S. Atty., of Kansas City, Mo.

J. Stanley Payne, of Washington, D. C., for Interstate Commerce Commission.

J. H. Grant, of Oklahoma City, Okl., Ray McNaughton, of Miami, Okl., and Robert E. Quirk, of Washington, D. C., for intervening railroad defendants.

Before VAN VALKENBURGH, Circuit Judge, and REEVES and McDERMOTT, District Judges.

PER CURIAM.

This action is to enjoin the operation of an order made by the Interstate Commerce Commission, directing plaintiffs to cancel certain proposed schedules theretofore filed with the Commission. The facts are not difficult nor in serious dispute. The law applicable is more difficult.

The plaintiffs are receivers of an electric interurban railway, 42 miles long, running from Joplin, Mo., through the southeastern corner of Kansas, to Picher, Okl. This...

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