BALTIMORE & O. R. CO. v. UNITED STATES

No. 4681.

5 F.Supp. 929 (1933)

BALTIMORE & O. R. CO. et al. v. UNITED STATES et al.

District Court, N. D. Ohio, E. D.

November 24, 1933.


Attorney(s) appearing for the Case

Sidney S. Alderman, of Washington, D. C., H. Z. Maxwell, of Philadelphia, Pa., Alfred P. Thom, Jr., of Washington, D. C., and Nye F. Morehouse, of Chicago, Ill., and William N. King, of Cleveland, Ohio (J. Aronson, of New York City, M. L. Bell, of Chicago, Ill., Henry Wolf Bikle; of Philadelphia, Pa., N. S. Brown, of St. Louis, Mo., N. S. Buckingham, of New Haven, Conn., H. W. Clark, of New York City, W. R. C. Cocke, of Norfolk, Va., John J. Cornwell, of Baltimore, Md., Ben C. Dey, of New York City, F. G. Dorety, of St. Paul, Minn., R. V. Fletcher, of Washington, D. C., W. L. Kinter, of Philadelphia, Pa., W. H. Lyford, of Chicago, Ill., D. F. Lyons of St. Paul, Minn., Clarence A. Miller, of Washington, D. C., H. T. Newcomb, of New York City, W. B. Rodman, of Norfolk, Va., Bruce Scott, of Chicago, Ill., H. A. Taylor, of Cleveland, Ohio, and E. J. White, of St. Louis, Mo., of counsel), for petitioners.

Thomas Stevenson, of Cleveland, Ohio (Horn, Weisell, McLaughlin & Lybarger and Harold N. McLaughlin, all of Cleveland, Ohio, of counsel), for interveners.

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

D. W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for the Interstate Commerce Com'n.

Before HICKENLOOPER, Circuit Judge, and WEST and KILLITS, District Judges.


PER CURIAM.

This is a representative action brought by a number of the leading railroads of the United States, and in the interest of substantially all of the steam operated carriers of the country, to enjoin the enforcement by the Interstate Commerce Commission of amendments supplementary to its rule 157, ordered by the commission in January of this year, after a very extensive hearing, and on the joint complaint of the chief engineer of the Brotherhood of Locomotive...

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