GEORGE ALLISON & CO. v. INTERSTATE COMMERCE COM'N

No. 7362.

107 F.2d 180 (1939)

GEORGE ALLISON & CO., Inc., et al. v. INTERSTATE COMMERCE COMMISSION.

United States Court of Appeals for the District of Columbia.

Decided August 7, 1939.

Rehearing Denied October 4, 1939.


Attorney(s) appearing for the Case

Geo. W. Dalzell, of Washington, D. C., and F. Trowbridge vom Baur, of New York City, for appellants.

Thomas M. Ross, of Washington, D. C., for appellee.

Before GRONER, C. J., and MILLER and RUTLEDGE, JJ.


GRONER, C. J.

Appellants filed in the court below a petition for a writ of mandamus to compel the Commission to award damages in accordance with its findings in a rate proceeding. The action was begun prior to the effective date of the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, but we think that, notwithstanding the writ has been abolished, rule 81 (b), similar relief is still available and the substantive rights of the parties are governed...

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