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SPRAGUE v. WOLL

No. 7674.

124 F.2d 767 (1941)

SPRAGUE et al. v. WOLL, U. S. Atty. (INTERSTATE COMMERCE COMMISSION et al., Interveners).

Circuit Court of Appeals, Seventh Circuit.

December 9, 1941.

Attorney(s) appearing for the Case

Robert E. Quirk, of Washington, D. C., B. P. Alschuler, and Glenn T. Johnson, both of Aurora, Ill., and Frederick E. Stout, of Chicago, Ill., for appellants.

Leo J. Hassenauer, of Chicago, Ill., and Daniel W. Knowlton, Nelson Thomas, and Robert L. Stern, all of Washington, D. C., Thurman Arnold, Asst. Atty. Gen., and J. Albert Woll, U. S. Atty., of Chicago, Ill., for appellees.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Petitioners, receivers for the Chicago, Aurora and Elgin Railroad Company, applied to the District Court for an injunction against enforcement of the Railway Labor Act by the United States Attorney. The Interstate Commerce Commission and certain unions intervened. The complaint was based upon the averment that an order of the Commission to the effect that the railroad is not exempt from but is subject to the Railway Labor Act is unlawful,...

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