OHIO v. UNITED STATES

No. 868.

292 U.S. 498 (1934)

OHIO ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 28, 1934.


Attorney(s) appearing for the Case

Mr. John W. Bricker, Attorney General of Ohio, and Messrs. Ernest S. Ballard, Clan Crawford, and H. Austin Hauxhurst, with whom Messrs. Donald C. Power, Atlee Pomerene, and Andrew P. Martin were on the brief, for the State of Ohio et al., appellants in No. 868 and appellees in No. 886.

Mr. J. Stanley Payne, with whom Solicitor General Biggs, Assistant Attorney General Stephens, and Messrs. Elmer B. Collins and Daniel W. Knowlton were on the brief, for the United States and Interstate Commerce Commission, appellees in No. 868 and appellants in No. 886.

Mr. August G. Gutheim for the Western Pennsylvania Coal Traffic Bureau et al., appellees in No. 868 and appellants in No. 886.

Mr. Alexander M. Bull, with whom Mr. Henry C. Hall was on the brief, for Robert C. Hill et al., Receivers, appellees in No. 868 and appellants in No. 886.

Mr. Guernsey Orcutt, with whom Messrs. M. Carter Hall, Leo P. Day, Charles R. Webber, and Frederic D. McKenney were on the brief, for the Pennsylvania Railroad Co. et al., interveners.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

These are appeals from orders of a statutory court of three judges, convened in the Southern District of Ohio, in two suits, one brought by the State of Ohio and the Public Utilities Commission of Ohio, and the other by the Wheeling and Lake Erie Railway Company, against the United States and the Interstate Commerce Commission, to enjoin and set aside two orders of the Commission. The suits were consolidated...

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