UNITED STATES v. INTERSTATE COMMERCE COMMISSION

No. 87607.

18 F.Supp. 94 (1937)

UNITED STATES ex rel. KANSAS CITY SOUTHERN RY. CO. v. INTERSTATE COMMERCE COMMISSION.

District Court of the United States for the District of Columbia.

February 9, 1937.


Attorney(s) appearing for the Case

Samuel W. Moore, Frank H. Moore, and A. F. Smith, all of Kansas City, Mo., and Thomas P. Littlepage, of Washington, D. C., for relator.

Daniel W. Knowlton and E. M. Reidy, both of Washington, D. C., for Interstate Commerce Commission.

Samuel W. Sawyer and John H. Lathrop, both of Kansas City, Mo., and F. W. Clements, of Washington, D. C., for intervener Kansas City Terminal Ry. Co.

Charles H. Woods, R. S. Outlaw, Bruce Scott, Walter McFarland, W. F. Dickinson, and Wallace T. Hughes, all of Chicago, Ill., H. H. Larimore, of St. Louis, Mo., and J. M. Souby, of Omaha, Neb., for interveners Atchison, T. & S. F. Ry. Co. and others.


LUHRING, Justice.

This is a mandamus proceeding wherein the relator, the Kansas City Southern Railway Company, seeks a writ of mandamus to compel the respondent, Interstate Commerce Commission, to take jurisdiction of a complaint filed before it (docket No. 26876) and which the Commission dismissed for want of jurisdiction on November 11, 1935 (Kansas City Southern Ry. Co. v. Kansas City Term. Ry. Co., 211 I.C.C. 291). By leave of court, certain other carriers, being...

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