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ATCHISON RY. v. UNITED STATES

No. 606.

295 U.S. 193 (1935)

ATCHISON, TOPEKA & SANTA FE RAILWAY CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided April 29, 1935.

Attorney(s) appearing for the Case

Mr. Frank H. Towner, with whom Messrs. Silas H. Strawn, Ralph M. Shaw, E.A. Boyd, P.F. Gault, Walter McFarland, J.N. Davis, Wallace Hughes, James Stillwell, and L.H. Strasser were on the brief, for appellants in No. 606.

Mr. Charles E. Cotterill for appellant in No. 607.

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.

Mr. Carl M. Owen, with whom Mr. Harold J. Gallagher was on the brief, for Hygrade Food Products Corp., appellee.

MR. JUSTICE BUTLER delivered the opinion of the Court.

These are separate appeals from a decree of a three judge court dismissing a suit to enjoin enforcement of an order of the Interstate Commerce Commission. 8 F.Supp. 825. The suit was brought by 24 railroads, appellants in No. 606, for convenience called "carriers," against the United States and Interstate Commerce Commission. Twenty-one are line carriers; the other three perform...

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