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PURCELL v. UNITED STATES

No. 803.

315 U.S. 381 (1942)

PURCELL ET AL., CONSTITUTING THE PUBLIC SERVICE COMMISSION OF MARYLAND, ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided March 2, 1942.

Attorney(s) appearing for the Case

Messrs. Clarence W. Miles and Joseph Sherbow, with whom Messrs. Benjamin C. Howard, Jr. and William B. Rafferty were on the brief, for appellants.

Mr. James C. Wilson, with whom Solicitor General Fahy, Assistant Attorney General Arnold, and Mr. Daniel W. Knowlton were on the brief, for the United States et al.; and Mr. C.M. Clay, with whom Messrs. Charles R. Webber and John E. Evans, Sr. were on the brief, for the Confluence & Oakland Railroad Co. et al., appellees.

MR. JUSTICE BLACK delivered the opinion of the Court.

A federal district court, composed of three judges in accordance with 28 U.S.C. § 47, dismissed the appellants' bill, which prayed for the annulment of an order of the Interstate Commerce Commission. 41 F.Supp. 309. The order permitted the Confluence and Oakland Railroad Company, as owner, and the Baltimore and Ohio Railroad Company...

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