CAPITAL TRANSIT CO. v. UNITED STATES

Nos. 23420-23423.

55 F.Supp. 51 (1944)

CAPITAL TRANSIT CO. v. UNITED STATES et al. ARLINGTON & FAIRFAX MOTOR TRANSP. CO. v. SAME. WASHINGTON, VIRGINIA & MARYLAND COACH CO., Inc., v. SAME. STATE CORPORATION COMMISSION OF VIRGINIA v. SAME.

District Court of the United States for the District of Columbia.

May 1, 1944.


Attorney(s) appearing for the Case

E. Barrett Prettyman, F. G. Awalt, Raymond Sparks, and G. Thomas Dunlop, all of Washington, D. C., for plaintiff Capital Transit Co.

Franklin K. Lane, Hugh H. Obear, and Wilmer A. Hill, all of Washington, D. C., for plaintiff Arlington & Fairfax Motor Trans. Co.

J. Ninian Beall and Brashears, Beall & Beasley, all of Washington, D. C., for plaintiff Washington, Virginia & Maryland Coach Co., Inc.

Robert E. Quirk, of Washington, D. C., for intervening complainant Alexandria Barcroft & Washington Transit Co.

Frederick G. Hamley, of Washington, D. C., and H. E. Ketner, of Richmond, Va., for State Corporation Commission of Virginia.

Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for defendant Interstate Commerce Commission.

Robt. L. Pierce, Sp. Asst. to Atty. Gen., Dept. of Justice, Wendell Berge, Asst. Atty. Gen., and Edward M. Curran, U. S. Dist. Atty. for the District of Columbia, of Washington, D. C., for the United States.

Richard H. Field, Acting Gen. Counsel, David F. Cavers, Asst. Gen. Counsel, and Harry R. Booth, Utilities Counsel, all of Washington, D. C., and Max G. Baron, of St. Louis, Mo., for OPA and Economic Stabilization Director, as amicus curiae.

Myron C. Cramer, Maj. Gen., U. S. A., The Judge Advocate General for the Secretary of War, Mastin G. White, Col., J.A. G.D., Chief, Litigation Division, and Paul S. Davis, Capt. J.A.G.D., all of Washington, D. C., for the War Department (intervenor).

Everett A. Mathews, Lt., U.S.N.R., for Navy Department.

Before MILLER, Associate Justice, United States Court of Appeals, District of Columbia, and BAILEY and LETTS, Associate Justices, District Court of the United States for the District of Columbia.


BAILEY, District Judge.

Each of the above-named plaintiffs has brought an action to set aside an order of the Interstate Commerce Commission of January 18, 1944, as extended by an order of February 14, 1944. These actions have been consolidated for trial.

The orders of the Commission were made pursuant to an investigation instituted at the request or complaint of the Secretary of War, concurred in by the Secretary of the Navy, into the reasonableness and lawfulness...

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