CAPITAL TRANSIT CO. v. UNITED STATES

Civil Actions Nos. 23420-23423.

56 F.Supp. 670 (1944)

CAPITAL TRANSIT CO. v. UNITED STATES et al. ARLINGTON & FAIRFAX MOTOR TRANSPORTATION 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.

August 25, 1944.


Attorney(s) appearing for the Case

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

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

Myron C. Cramer, Maj. Gen. U. S. A., The Judge Advocate General for the Secretary of War, and Mastin G. White, Col., J.A.G.D., Chief, Litigation Div., both of Washington, D. C., and Thos. E. Sands, Jr., Lt. Col., Head Commerce Branch, Litigation Div., of Minneapolis, Minn., for War Department (intervenor) on behalf of defendants.

Martin Norr, Lt. U. S. N. R., Office of General Counsel, Navy, and Richard Salant, Lt. (jg), both of Washington, D. C., for Navy Department (intervenor) on behalf of defendants.

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

Franklin K. Lane, Hugh H. O'Bear, and Wilmer A. Hill, all of Washington, D. C., for Arlington & Fairfax Motor Transp. Co.

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

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

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

Before ARNOLD, 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, sitting as a statutory three-judge court.


BAILEY, Justice.

These causes have been heard on the motion of the various carriers to amend the order of this court entered on May 15, 1944, 55 F.Supp. 51, enjoining the enforcement of the order of the Interstate Commerce Commission of January 18, 1944, so as to provide for the issuance of an order enjoining the enforcement of a subsequent order of the Interstate Commerce Commission of June 12, 1944; and also a motion of the...

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