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CAPE FEAR RYS. v. UNITED STATES

No. 305.

7 F.Supp. 429 (1934)

CAPE FEAR RYS., Inc., v. UNITED STATES et al.

District Court, E. D. Virginia, Richmond Division.

June 15, 1934.

Attorney(s) appearing for the Case

Hitt & Munson, of Washington, D. C., and Irvin G. Craig, of Richmond, Va., for petitioner.

Elmer B. Collins, Sp. Asst. to Atty. Gen. J. Stanley Payne and R. B. Gwathmey, both of Washington, D. C. (Harold M. Stephens, Asst. Atty. Gen., and Sterling Hutcheson, U. S. Atty., of Norfolk, Va., Thomas W. Davis, of Wilmington, N. C., Frank W. Gwathmey, of Washington, D. C., J. M. Townsend, of Petersburg, Va., and Denny & Valentine, of Richmond, Va., on the brief), for defendants.

Before SOPER, Circuit Judge, and WAY and CHESNUT, District Judges.

WAY, District Judge.

This is a suit under the Urgent Deficiencies Act (38 Stat. 219, U. S. Code, tit. 28, §§ 41 (28), 43 to 48, as amended by Supp. VI, 28 USCA §§ 41 (28), 43-48) to set aside and enjoin an order of the Interstate Commerce Commission, fixing reasonable divisions of joint rates as between the Atlantic Coast Line Railroad Company and the Cape Fear Railways, Inc., hereinafter referred to, respectively, as the Commission, the Coast...

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