PURCELL v. UNITED STATES

No. 1376.

41 F.Supp. 309 (1941)

PURCELL et al. v. UNITED STATES et al.

District Court, D. Maryland.

October 13, 1941.


Attorney(s) appearing for the Case

Joseph Sherbow, of Baltimore, Md., for Public Service Commission.

Miles & O'Brien and Clarence W. Miles and Benjamin C. Howard, all of Baltimore, Md. for McCullough Coal Co.

Bernard J. Flynn, U. S. Atty., of Baltimore, Md., Robert L. Pierce, of Washington, D. C., and Elliott Finkel, of Pittsburgh, Pa., for the United States.

Charles R. Webber, of Baltimore, Md., and John E. Evans, Sr., of Pittsburgh, Pa., for Baltimore & O. R. Co. and another.

D. H. Kunkel, of Washington, D. C., for Interstate Commerce Commission.

Before SOPER, Circuit Judge, and COLEMAN and WAY, District Judges.


SOPER, Circuit Judge.

This suit is instituted under the provisions of the Act of Congress of October 22, 1913, as amended, 28 U.S.C.A. §§ 41 (28), 43-45, 45a, 46, 47, 48, to enjoin the operation and effect of an order of the Interstate Commerce Commission dated September 2, 1941, whereby the abandonment of a line of railroad extending 19.79 miles from Confluence and Oakland Junction, Pennsylvania, to Kendall, Maryland, was authorized. The plaintiffs in the...

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