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ANN ARBOR R. CO. v. UNITED STATES

No. 1987.

30 F.2d 940 (1928)

ANN ARBOR R. CO. et al. v. UNITED STATES et al.

District Court, N. D. California, S. D.

January 18, 1928.

Attorney(s) appearing for the Case

Herman Phleger, M. E. Harrison, Platt Kent, James E. Lyons, and James S. Moore, Jr., all of San Francisco, Cal., Elmer Westlake, of Chicago, Ill., F. M. Angellotti and Guy V. Shoup, both of San Francisco, Cal., and E. W. Camp and A. S. Halsted, both of Los Angeles, Cal., for petitioners.

Blackburn Esterline, Asst. Sol. Gen., of Washington, D. C., and George J. Hatfield, U. S. Atty., of San Francisco, Cal., for the United States.

J. Stanley Payne and P. J. Farrell, both of Washington, D. C., for defendant Interstate Commerce Commission.

Allan P. Matthew and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., for intervening defendant California Growers' & Shippers' Protective League.

Before RUDKIN, Circuit Judge, and ST. SURE and KERRIGAN, District Judges, sitting in the District Court pursuant to Urgent Deficiencies Act Oct. 22, 1913 (38 Stat. 219).

PER CURIAM.

The Interstate Commerce Commission reduced the rate on transcontinental shipments of deciduous fruits from California to certain Eastern points from $1.73 to $1.60, and to certain other Eastern points from $1.62 to $1.50 per 100 pounds. The present suit was instituted by the large number of railroads affected by the reduction, to set aside the order of the Commission and to suspend its operation during the pendency of the suit. The application for a temporary...

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