ILLINOIS CENT. R. CO. v. UNITED STATES

No. 1012.

3 F.Supp. 1005 (1933)

ILLINOIS CENT. R. CO. et al. v. UNITED STATES et al.

District Court, D. Delaware.

June 14, 1933.


Attorney(s) appearing for the Case

R. S. Outlaw and Elmer A. Smith, both of Chicago, Ill., H. H. Larimore, of St. Louis, Mo., and E. Ennalls Berl (of Ward & Gray), of Wilmington, Del., for plaintiffs.

Harry L. Underwood, of Washington, D. C., for Interstate Commerce Commission.

Elmer B. Collins, Sp. Asst. to Atty. Gen., and Leonard E. Wales, U. S. Atty., of Wilmington, Del., for the United States.

A. K. Shipe and John J. Esch (of Esch, Kerr, Woolley, Taylor & Shipe), both of Washington, D. C., for American Barge Line Company and others, interveners.

Clark C. Wren, of Washington, D. C., for Inland Waterways Corporation, intervener.

Harry H. Peterson, Atty. Gen. of Minnesota, for Upper Mississippi & St. Croix River Improvement Commission of Minnesota and others.

George C. Lambert, of St. Paul, Minn., A. C. Wiprud, of Minneapolis, Minn., Mortimer H. Boutelle, Sp. Asst. Atty. Gen. of Minnesota, for city of Minneapolis, Minn., and others.

Before THOMPSON, Circuit Judge, and DICKINSON and NIELDS, District Judges.


Findings of Fact.

THOMPSON, Circuit Judge.

1. Plaintiffs herein are common carriers by railroad subject to the Interstate Commerce Act [49 USCA § 1 et seq.], and engage in the transportation of cotton from points of origin in the state of Arkansas and from Memphis, Tenn., to destinations in the states of Pennsylvania, New York, New Jersey, Massachusetts, Rhode Island, and Connecticut.

2. On August 29, 1932, plaintiffs and other railroad carriers...

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