BALTIMORE & O. R. CO. v. UNITED STATES

No. 1070.

12 F.Supp. 261 (1935)

BALTIMORE & O. R. CO. et al. v. UNITED STATES.

District Court, D. Delaware.

September 24, 1935.


Attorney(s) appearing for the Case

John W. Huxley, Jr., and Ward & Gray, all of Wilmington, Del., Carleton W. Meyer, of New York City, Joseph F. Eshelman, of Philadelphia, Pa., and Francis R. Cross, of Baltimore, Md., for plaintiffs.

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

J. Stanley Payne and Daniel W. Knowlton, both of Washington, D. C., for Interstate Commerce Commission.

Wilbur La Roe, Jr., C. R. Marshall, Frederick E. Brown, and Arthur L. Winn, Jr., all of Washington, D. C., and Howard Duane, of Wilmington, Del., for interveners West Virginia Pulp & Paper Company et al.

Charles E. Cotterill, of New York City, for intervener Endicott Johnson Corporation.

Before BUFFINGTON, Circuit Judge, and DICKINSON and NIELDS, District Judges.


DICKINSON, District Judge.

The bill complains of orders of the Interstate Commerce Commission fixing the maximum rates on china clay or kaolin shipped from points in the South to points of destination in what are known to this record as Central, Trunk Line, and New England territory, and awarding reparations.

The bill asks that the orders be set aside. The Interstate Commerce Commission is a rate-making body. This court is not. It is settled so finally that...

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