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

No. 3477.

11 F.Supp. 588 (1935)

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

District Court, S. D. West Virginia.

July 29, 1935.

Attorney(s) appearing for the Case

M. Carter Hall, of Richmond, Va. (Elmer L. Beach, of Richmond, Va., on the brief), for petitioner.

Robert E. Quirk, of Washington, D. C., for intervener Island Creek Coal Co.

Harry S. Elkins, of Washington, D. C., for intervener West Virginia Coal & Coke Co.

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

C. R. Hillyer, of Chicago, Ill., for interveners Northeast Kentucky Coal Bureau and the Commonwealth of Kentucky.

David C. Walls, Asst. Atty. Gen. (Bailey P. Wootton, Atty. Gen., for the State of Kentucky, on the brief), for intervener State of Kentucky.

Nelson Thomas, Atty., Interstate Commerce Commission, of Washington, D. C. (Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., on the brief), for intervener Interstate Commerce Commission.

Before NORTHCOTT, Circuit Judge, and McCLINTIC and GLENN, District Judges.

NORTHCOTT, Circuit Judge.

This is a suit in equity brought in the District Court of the United States for the Southern District of West Virginia, at Charleston, seeking to enjoin, set aside, annul, and suspend a certain order of the Interstate Commerce Commission, hereinafter referred to as the commission.

Upon the bringing of the suit, the judge of the District Court convened a three judge court under section 266 of the Judicial Code, as amended (28 USCA...

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