STATE OF OHIO v. UNITED STATES

Nos. 1039, 1040.

6 F.Supp. 386 (1934)

STATE OF OHIO et al. v. UNITED STATES et al. WHEELING & LAKE ERIE RY. CO. v. SAME.

District Court, S. D. Ohio, E. D.

January 6, 1934.


Attorney(s) appearing for the Case

John W. Bricker, Atty. Gen., for the state of Ohio.

Donald C. Power, of Columbus, Ohio, for Public Utilities Commission of Ohio.

Clare Clan Crawford, of Cleveland, Ohio, for Wheeling & Lake Erie Ry. Co.

E. S. Ballard, of Chicago, Ill., for intervening plaintiffs.

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

J. Stanley Payne, of Washington, D. C., for Interstate Commerce Commission.

Guernsey Orcutt, of Pittsburgh, Pa., for Baltimore & O. R. Co. and others.

John Fox Weiss, of Harrisburg, Pa., for Public Service Commission of Pennsylvania.

H. C. Hall and Alex M. Bull, both of Washington, D. C., for Robert C. Hill and others.

August Gutheim, of Washington, D. C., for Western Pennsylvania Coal Traffic Bureau and others.

Before HICKENLOOPER, Circuit Judge, and HOUGH and NEVIN, District Judges.


PER CURIAM.

Each of the present suits is brought to enjoin two orders of the Interstate Commerce Commission, and is, of course, filed under the Urgent Deficiencies Act of October 22, 1913, 38 Stat. 219, 28 USCA §§ 41 (28) to 48. The first of these orders,1 issued May 2, 1933, under section 13 of the Interstate Commerce Act, as amended February 28, 1920 (c. 91, § 416, 41 Stat. 484 [49 USCA § 13]), required the increase...

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