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PIEDMONT & N. RY. CO. v. UNITED STATES

No. 208.

30 F.2d 421 (1929)

PIEDMONT & N. RY. CO. v. UNITED STATES.

District Court, W. D. South Carolina.

January 15, 1929.

Attorney(s) appearing for the Case

Charles E. Hughes, of New York City, Cameron Morrison, Norman A. Cocke, R. S. Hutchison and W. S. O'B. Robinson, Jr., all of Charlotte, N. C., and H. J. Haynsworth, all of Greenville, S. C., for Piedmont & N. Ry. Co.

The Attorney General and Blackburn Esterline, of Washington, D. C., and Joseph A. Tolbert, of Greenville, S. C., for the United States.

Daniel W. Knowlton, of Washington, D. C., for Interstate Commerce Commission.

W. N. McGehee, of Washington, D. C., S. S. Alderman, of Greenboro, N. C., Blythe & Bonham, of Greenville, S. C., and S. R. Prince and L. E. Jeffries, both of Washington, D. C., for Southern Ry. Co.

James F. Wright, of Norfolk, Va., for Seaboard Air Line R. Co.

F. B. Grier, of Greenwood, S. C., for Charleston & W. C. Ry. Co.

Carl H. Davis, of Wilmington, N. C., for Atlantic Coast Line R. Co.

Wm. C. Burger, of Louisville, Ky., for Louisville & N. R. Co.

James J. McLaughlin, of Johnson City, Tenn., for Carolina, C. & O. Ry., Carolina, C. & O. Ry. of South Carolina, and Clinchfield & N. Ry. of Kentucky.

Before WADDILL and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

SOPER, District Judge.

Piedmont & Northern Railway Company, a South Carolina corporation, filed a petition against the United States, under the provisions of the Act of October 22, 1913, c. 32, 38 Stat. 219, U. S. C. Title 28 (28 USCA) § 41, subd. (28), and sections 43 to 48, to enjoin, set aside, and annul an order of the Interstate Commerce Commission. A court of three judges was accordingly organized. The order complained of denied to the petitioner a...

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