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LOUISVILLE CEMENT CO. v. UNITED STATES

No. 1088.

19 F.Supp. 910 (1937)

LOUISVILLE CEMENT CO. v. UNITED STATES et al.

District Court, W. D. Kentucky, at Louisville.

July 8, 1937.

Attorney(s) appearing for the Case

J. V. Norman and Norman, Quirk & Graham, all of Louisville, Ky., for petitioner.

Elmer B. Collins, Sp. Asst. to Atty. Gen., Robert H. Jackson, Asst. Atty. Gen., and Bunk Gardner, U. S. Atty., of Louisville, Ky., for the United States.

Daniel W. Knowlton and Nelson Thomas, both of Washington, D. C., for Interstate Commerce Commission.

Before HICKS, Circuit Judge, and HAMILTON and FORD, District Judges.

PER CURIAM.

This is a suit brought under the Act of October 22, 1913, 38 Stat. 219, 28 U.S. C.A. §§ 41(28), 45, 46, 47 (amending Act June 18, 1910, 36 Stat. 539), to enjoin an order of the Interstate Commerce Commission requiring the Pennsylvania Railroad to discontinue payment of allowance to the plaintiff for the performance of certain terminal services commonly called "spotting."

The questioned order...

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