ATCHISON, T. & S. F. RY. CO. v. UNITED STATES


8 F.Supp. 825 (1934)

ATCHISON, T. & S. F. RY. CO. et al. v. UNITED STATES et al.

District Court, S. D. New York.

October 30, 1934.


Attorney(s) appearing for the Case

Silas H. Strawn, Ralph M. Shaw, E. A. Boyd, P. F. Gault, Walter McFarland, J. N. Davis, Wallace Hughes, D. P. Connell, and James Stillwell, all of Chicago, Ill., L. H. Strasser, of St. Louis, Mo., and Frank H. Towner, of Chicago, Ill., for petitioners.

J. Stanley Payne, Asst. Chief Counsel Interstate Commerce Commission, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., of counsel), for defendant Interstate Commerce Commission.

Hornblower, Miller, Miller & Boston, of New York City (Nathan L. Miller, Harold J. Gallagher, and Edward M. Boyne, all of New York City, of counsel), for intervener Hygrade Food Products Corporation.

Charles E. Cotterill, of New York City, and Luther M. Walter, of Chicago, Ill. (Mark W. Potter, of New York City, of counsel), for intervener Union Stock Yard & Transit Company of Chicago.

Before MANTON, Circuit Judge, and KNOX and GODDARD, District Judges, composing a court convened pursuant to section 380, title 28, of the United States Code (28 USCA § 380).


MANTON, Circuit Judge.

The suit is brought under the Urgent Deficiencies Appropriation Act to set aside an order of the Interstate Commerce Commission which was made on application of the Hygrade Food Products Corporation, an intervener herein. The complainants were ordered to cease and desist from practices which subjected the Hygrade Food Products Corporation to the payment of yardage charges on live stock consigned to it at the Union Stockyards in Chicago, in instances...

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