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BRADY v. INTERSTATE COMMERCE COMMISSION

43 F.2d 847 (1930)

BRADY v. INTERSTATE COMMERCE COMMISSION et al.

District Court, N. D. West Virginia.

September 19, 1930.

Attorney(s) appearing for the Case

Samuel T. Spears, of Elkins, W. Va., and George T. Bell, of Washington, D. C., for complainant.

E. M. Reidy, of Washington, D. C., for Interstate Commerce Commission.

Elmer B. Collins, Sp. Asst. to Atty. Gen., for the United States.

Eugene S. Williams and Charles R. Webber, both of Baltimore, Md., for Western Maryland Ry. Co. and Baltimore & Ohio R. Co.

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

PARKER, Circuit Judge.

This is a suit instituted by A. Spates Brady against the United States and the Interstate Commerce Commission, asking that certain parts of a reparation order of the Commission be set aside and annulled. The jurisdiction of the District Court is invoked and a special court of three judges asked under the provisions of the Urgent Deficiencies Appropriations Act of October 22, 1913, 38 Stat. c. 32, p. 219, abolishing the Commerce Court and transferring...

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