BALTIMORE & O. R. CO. v. UNITED STATES


20 F.Supp. 273 (1937)

BALTIMORE & O. R. CO. et al. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION et al., Interveners).

District Court, S. D. New York.

August 25, 1937.


Attorney(s) appearing for the Case

Thomas P. Healy and Carleton W. Meyer, both of New York City, for plaintiff Baltimore & O. R. Co.

Edwin H. Burgess, of New York City, (Charles R. Webber, of Baltimore, Md., Alex H. Elder, Walter J. Larrabee, M. B. Pierce, Thomas P. Healy and Carleton W. Meyer, all of New York City, and Guernsey Orcutt, of Chicago, Ill., of counsel), for all plaintiffs.

Alex H. Elder and Richard J. Lally, both of New York City, for Central R. Co.

A. Lane Cricher, of Washington, D. C. (Orrin G. Judd, of New York City, of counsel), for American Warehousemen's Ass'n Merchandise Div.

Henry E. Foley, of Boston, Mass. (Searle, James & Tyng, of New York City, of counsel), for interveners.

John J. Hickey, of Washington, D. C., for intervener Warehousemen's Protective Committee.

Elmer B. Collins, Sp. Asst. to Atty. Gen., J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, of Washington, D. C., Robert H. Jackson, Asst. Atty. Gen., and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for the United States.

Before CHASE, Circuit Judge, and PATTERSON and HULBERT, District Judges.


CHASE, Circuit Judge.

This suit was brought by seven common carriers in interstate commerce under the provisions of the Urgent Deficiencies Act and heard by a court of three judges constituted as the law requires. 38 Stat. 219; 28 U.S.C.A. §§ 41 (28) and 43-48, inc.

The plaintiffs are the Baltimore & Ohio Railroad Company; the Central Railroad of New Jersey; the Delaware, Lackawanna & Western Railroad...

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