YOUNGSTOWN SHEET & TUBE CO. v. UNITED STATES

Nos. 4885, 4890.

7 F.Supp. 33 (1934)

YOUNGSTOWN SHEET & TUBE CO. et al. v. UNITED STATES et al. VALLEY CAMP COAL CO. et al. v. SAME.

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

May 12, 1934.


Attorney(s) appearing for the Case

J. C. Argetsinger and J. E. Bennett, both of Youngstown, Ohio, and August G. Gutheim, of Washington, D. C., for plaintiffs Youngstown Sheet & Tube Co. and others.

George A. Blackford, of Wheeling, W. Va., and Charles S. Reed, of Cleveland, Ohio, for plaintiffs Valley Camp Coal Co. and others.

Nelson Thomas and Daniel W. Knowlton, both of Washington, D. C., for the Interstate Commerce Commission.

E. B. Freed, U. S. Atty., of Cleveland, Ohio, and Elmer B. Collins and Harold M. Stephens, both of Washington, D. C., for the United States.

Baker, Hostetler, Sidlo & Patterson, of Cleveland, Ohio, and Charles R. Webber and John J. Fitzpatrick, both of Baltimore, Md., for interveners Baltimore & Ohio R. Co. and others.

Henry C. Hall and Alex. M. Bull, both of Washington, D. C., for interveners Robt. C. Hill and Howell Fisher, receivers of Consolidation Coal Co. of West Virginia and of Maryland and others.

Smith, Best & Horn, of Greensburg, Pa., for interveners Westmoreland Coal Co. of Pennsylvania and others.

Leo P. Day, of Chicago, Ill., for New York Central Lines.

M. Carter Hall, of Richmond, Va., for Chesapeake & O. Ry. Co.

Guernsey Orcutt, of Pittsburgh, Pa., for Pennsylvania R. Co.

Before HICKS and SIMONS, Circuit Judges, and HOUGH, District Judge.


SIMONS, Circuit Judge.

It is sought in these cases to set aside an order of the Interstate Commerce Commission entered December 5, 1933, in Investigation and Suspension Docket No. 3282, Coal Bituminous Ex-River from Colona and Conway, Pa., to Youngstown, Ohio, which proceeding included Investigation and Suspension Docket No. 3619, Ex-Ohio River Coal to Cleveland, Lorraine and Other Ohio Points. The order required certain carriers to increase to prescribed minima freight...

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