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U.S. v. CAPITAL TRANSIT CO.

No. 663.

325 U.S. 357 (1945)

65 S.Ct. 1176

89 L.Ed. 1663

UNITED STATES ET AL. v. CAPITAL TRANSIT CO. ET AL.

Supreme Court of United States.

Decided May 28, 1945.

Attorney(s) appearing for the Case

Mr. Paul A. Freund, with whom Solicitor General Fahy was on the brief, for the United States, and Mr. Daniel W. Knowlton for the Interstate Commerce Commission, appellants.

Mr. Robert E. Quirk, with whom Messrs. G. Thomas Dunlop, E. Barrett Prettyman, F.G. Awalt, Raymond Sparks, J. Ninian Beall, Hugh H. Obear, Franklin K. Lane and Wilmer A. Hill were on the brief, for the Capital Transit Co. et al.; and Mr. Henry E. Ketner for the State Corporation Commission of Virginia, appellees.

Messrs. Richmond B. Keech and Lloyd B. Harrison filed a brief on behalf of the Public Utilities Commission of the District of Columbia, and Mr. Frederick G. Hamley on behalf of the National Association of Railroad and Utilities Commissioners, as amici curiae, urging affirmance.

MR. JUSTICE BLACK delivered the opinion of the Court.

A federal district court of three judges, one judge dissenting, set aside and permanently enjoined enforcement of an order of the Interstate Commerce Commission, 258 I.C.C. 559, on the ground that the findings were inadequate and that the Commission acted beyond its jurisdiction. 56 F.Supp. 670.1 The case is here on direct appeal. 28 U.S.C. §...

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