PENNSYLVANIA R. CO. v. UNITED STATES

No. 2434.

40 F.2d 921 (1930)

PENNSYLVANIA R. CO. v. UNITED STATES et al. (Interstate Commerce Commission, Intervener).

District Court, W. D. Pennsylvania

May 24, 1930.


Attorney(s) appearing for the Case

William S. Dalzell, of Pittsburgh, Pa., and Albert Ward, of Philadelphia, Pa. (Dalzell, Dalzell & McFall, of Pittsburgh, Pa., of counsel), for complainant.

Elmer E. Collins, Sp. Asst. to Atty. Gen., John Lord O'Brian, Asst. to Atty. Gen., and Louis E. Graham, U. S. Atty., of Beaver, Pa.

John S. Wendt, of Pittsburgh, Pa. (C. F. Taplin and H. H. Hoppe, both of Cleveland, Ohio, W. S. Bronson, of Washington, D. C., and W. W. Ahrens, of New York City, of counsel), for Pittsburgh & W. Va. Ry. Co.

Daniel W. Knowlton, Chief Counsel, and J. Stanley Payne, Asst. Chief Counsel, both of Washington, D. C., for Interstate Commerce Commission.

Before WOOLLEY, Circuit Judge, and GIBSON and SCHOONMAKER, District Judges.


WOOLLEY, Circuit Judge.

The Pittsburgh & West Virginia Railway Company applied to the Interstate Commerce Commission for a certificate of public convenience and necessity authorizing it to construct a branch, some six miles in length, from its line in the Monongahela Valley, known as its Connellsville Extension now under construction, to a point of junction with the Donora Southern Railroad, a four mile line which is practically a plant facility of the American...

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