ASHLAND COAL & ICE CO. v. UNITED STATES

Civil Action No. 337.

61 F.Supp. 708 (1945)

ASHLAND COAL & ICE CO., Inc., et al. v. UNITED STATES et al.

District Court, E. D. Virginia, Richmond Division.

January 25, 1945.


Attorney(s) appearing for the Case

Walter M. Evans, of Richmond, Va., and Harry C. Ames, of Washington, D. C., for plaintiffs.

Robt. L. Pierce, Sp. Asst. to Atty. Gen., Harry H. Holt, Jr., U. S. Atty., of Norfolk, Va., and John V. Cogbill, Asst. U. S. Atty., of Richmond, Va., for United States.

Edward M. Reidy, Asst. Chief Counsel, of Washington, D. C., for Interstate Commerce Commission.

Frank W. Gwathmey, of Washington, D. C., D. Lynch Younger, of Roanoke, Va., Charles Clark and John C. Donnally, both of Washington, D. C., Horace L. Walker, of Richmond, Va., Henry W. Oppenhimer, of Richmond, Va., and Lawrence Chaffee, of Chicago, Ill., for intervenors.

Before DOBIE, Circuit Judge, and POLLARD and HUTCHESON, District Judges.


DOBIE, Circuit Judge.

This is a suit, under 28 U.S.C.A. §§ 41 (28) 43-47a, to set aside that part of the order of the Interstate Commerce Commission which denied reparation to the plaintiffs for the past. The Commission's order (this part is not attacked in the instant suit) reduced freight rates on shipments of coal to points in certain parts (the Western portion) of the designated shipping area. As to the past, however, the Commission decided that these...

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