COMMONWEALTH OF KENTUCKY v. UNITED STATES

No. 756.

3 F.Supp. 778 (1933)

COMMONWEALTH OF KENTUCKY et al. v. UNITED STATES et al.

District Court, W. D. Kentucky.

March 10, 1933.


Attorney(s) appearing for the Case

Bailey P. Wootton, Atty. Gen., for the State of Kentucky.

J. V. Norman, Special Counsel, of Louisville, Ky., for the Railroad Commission of Kentucky.

Elmer B. Collins, Sp. Asst. to Atty. Gen., John Lord O'Brian, Asst. to Atty. Gen., and Thomas J. Sparks, U. S. Atty., of Louisville, Ky., for the United States.

J. Stanley Payne, Asst. Chief Counsel, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., of counsel), for Interstate Commerce Commission.

Edw. P. Humphrey and Marvin H. Taylor, both of Louisville, Ky., for Cincinnati, N. O. & T. P. Ry. Co.

Edw. P. Humphrey and Marvin H. Taylor, both of Louisville, Ky., for Southern Ry. Co.

Thomas J. Wood and Trabue, Doolan, Helm & Helm, all of Louisville, Ky., for Illinois Cent. R. Co.

H. G. Fitzpatrick, of Richmond, Va., for Chesapeake & O. Ry. Co.

W. A. Northcutt, of Louisville, Ky., for Louisville & N. R. Co.

Before MOORMAN, Circuit Judge, and COCHRAN and DAWSON, District Judges.


PER CURIAM.

This is a suit under the Urgent Deficiencies Act, 28 USCA §§ 41 (27, 28) 42-47, to enjoin the enforcement of an order of the Interstate Commerce Commission, issued November 7, 1932, requiring interstate railroads operating in Kentucky to establish and maintain for the transportation of all intrastate traffic within the state rates which shall not be lower than the rates in force and applicable to corresponding interstate traffic within the state...

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