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C. & O. RY. CO. v. UNITED STATES

No. 549.

296 U.S. 187 (1935)

CHESAPEAKE & OHIO RAILWAY CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided November 25, 1935.

Attorney(s) appearing for the Case

Messrs. M. Carter Hall and Robert E. Quirk, with whom Messrs. E.L. Beach and Harry S. Elkins were on the brief, for the Chesapeake & Ohio Ry. Co. et al.

Mr. Nelson Thomas, with whom Assistant Solicitor General Bell and Mr. Daniel W. Knowlton were on the brief, for the United States and Interstate Commerce Commission.

Mr. David C. Walls argued the cause, pro hac vice, on behalf of the Commonwealth of Kentucky, and Mr. Bailey P. Wootton, Attorney General, and Mr. C.R. Hillyer filed a brief.

PER CURIAM.

This is a suit to restrain the enforcement of an order of the Interstate Commerce Commission, made February 7, 1935, relating to rates for the transportation of coal from mines in Kentucky and West Virginia, respectively, and requiring the establishment of rates, as described, in order to remove an undue prejudice found to result from existing rates. 201 I.C.C. 165; 206 I.C.C. 445. Upon the hearing by the District...

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