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WOODRUFF v. UNITED STATES

No. 625.

40 F.Supp. 949 (1941)

WOODRUFF v. UNITED STATES et al.

District Court, D. Connecticut.

August 29, 1941.

Attorney(s) appearing for the Case

Robert J. Woodruff and Arthur Klein, both of New Haven, Conn., for plaintiff.

William S. McGovern, Sp. Atty., of Washington, D.C., for the United States.

Nelson Thomas, of Washington, D.C. (Thurman Arnold, Asst. Atty. Gen., Frank Coleman, Sp. Asst. to Atty. Gen., and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., of counsel), for Interstate Commerce Commission.

William L. Barnett, of New Haven, Conn. (H. D. Boynton and R. W. Pickard, both of New Haven, Conn., of counsel), for trustees of New York, N. H. & H. R. Co.

Before FRANK, Circuit Judge, and GODDARD and HINCKS, District Judges.

PER CURIAM.

Prior to 1938 it appears that the line of railroad in question barely paid the out of pocket cost of its operation, and that for the years 1938 to 1940 inclusive, the earnings have been somewhat greater, due in large part to the presence of one additional patron of the line. However, the Interstate Commerce Commission has found that by far the greater part of the business on the line has been contributed by a very few shippers, that the largest shipper...

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