LOUISVILLE & N. R. CO. v. UNITED STATES

No. 14165.

10 F.Supp. 185 (1934)

LOUISVILLE & N. R. CO. et al. v. UNITED STATES.

District Court, N. D. Illinois, E. D.

November 23, 1934.


Attorney(s) appearing for the Case

S. W. Baxter and H. N. Quigley, both of Cincinnati, Ohio, Jervis Langdon, Jr., of New York City, M. A. Jersild and S. C. Murray, both of Chicago, Ill., Sidney Smith and E. S. Jouett, both of Louisville, Ky., and FitzGerald Hall, of Nashville, Tenn., for plaintiffs.

Elmer B. Collins, of Washington, D. C., for the United States.

Leslie Craven, of Washington, D. C., for Federal Co-Ordinator of Transportation.

William F. Price, Minier Sargent, Arvid B. Tanner, and Ernest S. Ballard, all of Chicago, Ill., for Charles M. Thomson, trustee, Chicago & Eastern Illinois Ry. Co., intervening defendant.

Louis B. Wehle, of Washington, D. C., for Protective Committee for General Mortgage 5 per cent. Gold Bondholders of Chicago & Eastern Illinois Ry. Co.

Before EVANS, Circuit Judge, BARNES and SULLIVAN, District Judges.


PER CURIAM.

There is little need for findings of fact in this suit for there was no evidence offered by either side. The pleadings, together with an affidavit by defendant and certain exhibits attached to the complaint, constitute the sole basis of our findings. We view Supreme Court Equity Rule 70½ (28 USCA § 723), however, as imperative, and we accompany this memorandum with findings of fact and conclusions of law in the hope that they will clarify and...

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