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B. & O.R. CO., v. UNITED STATES

No. 312.

298 U.S. 349 (1936)

BALTIMORE & OHIO RAILROAD CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Reargued March 3, 4, 1936.

Decided May 18, 1936.

Attorney(s) appearing for the Case

Mr. E.L. Beach, with whom Messrs. Joseph F. Eshelman, M. Carter Hall, Jervis Langdon, Jr., Charles R. Webber, and Frederic D. McKenney were on the brief, for appellants.

Mr. Edward M. Reidy, with whom Solicitor General Biggs, Assistant Attorney General Dickinson, and Messrs. Daniel W. Knowlton and Elmer B. Collins were on the brief, for the United States and Interstate Commerce Commission, appellees.

Mr. Frank W. Gwathmey, with whom Messrs. Charles Clark and James F. Wright were on the brief, for Atlantic Coast Line R. Co. et al., appellees.

MR. JUSTICE BUTLER delivered the opinion of the Court.

This is a suit in equity1 brought by appellants against the United States to set aside and permanently to enjoin the enforcement of an order of the Interstate Commerce Commission based on its report made July 3, 1933, and modified in accordance with its report of January 8, 1934.2 The commission, July 10, 1928, had prescribed rates on citrus fruit

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