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CHESAPEAKE & O. RY. CO. v. UNITED STATES

35 F.2d 769 (1929)

CHESAPEAKE & O. RY. CO. v. UNITED STATES et al. (INTERSTATE COMMERCE COMMISSION, Intervener.)

District Court, S. D. West Virginia.

November 16, 1929.

Attorney(s) appearing for the Case

Herbert Fitzpatrick, of Huntington, W. Va., and Robert B. Tunstall, George H. Gardner, and Thomas L. Preston, all of Richmond, Va., and Fitzpatrick, Brown & Davis, of Huntington, W. Va., for complainant.

James Damron, U. S. Dist. Atty., of Huntington, W. Va., and Elmer B. Collins, Sp. Asst. to Atty. Gen., for the United States.

Daniel W. Knowlton and Nelson Thomas, both of Washington, D. C., for intervener.

John H. Holt, of Huntington, W. Va., Robert E. McCabe, of Charleston, W. Va., D. Lynch Younger, of Washington, D. C., and Theodore W. Reath, of Philadelphia, Pa., for defendants Guyandot & T. R. Ry. Co. and Norfolk & W. Ry. Co.

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

McCLINTIC, District Judge.

The Chesapeake & Ohio Railway Company (hereinafter referred to as the C&O), filed its petition in this court against the United States of America, Guyandot & Tug River Railway Company and Norfolk & Western Railway Company, under the provisions of the Urgent Deficiencies Act Oct. 22, 1913 (38 Stat. 208, 219), to set aside and annul that portion of the certificate and order of the Interstate Commerce Commission authorizing...

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