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MOFFAT TUNNEL LEAGUE v. U.S.

No. 499.

289 U.S. 113 (1933)

MOFFAT TUNNEL LEAGUE ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided April 10, 1933.

Attorney(s) appearing for the Case

Mr. Albert L. Vogl, with whom Mr. Carle Whitehead was on the brief, for appellants.

Mr. Nelson Thomas, with whom Solicitor General Thacher and Messrs. Daniel W. Knowlton and Elmer B. Collins were on the brief, for the United States et al., appellees.

Mr. Henry McAllister, with whom Messrs. Elmer L. Brock and Erskine R. Myer were on the brief, for Denver & Rio Grande Western R. Co. et al., appellees.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Appellants brought this suit against the United States, the Interstate Commerce Commission and the Denver and Rio Grande Western Railroad Company to set aside an order of the Commission, made pursuant to 49 U.S.C., § 5 (2),1 authorizing that company by stock purchase to acquire control of the Denver and Salt Lake Railway Company — called the Moffat Road. The latter, the...

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