BALTIMORE & O. R. CO. v. UNITED STATES

Civ. No. 5582.

65 F.Supp. 962 (1946)

BALTIMORE & O. R. CO. et al. v. UNITED STATES.

District Court, W. D. Pennsylvania.

May 27, 1946.


Attorney(s) appearing for the Case

Anthony P. Donadio, of Baltimore, Md., Leo P. Day, of Chicago, Ill., Guernsey Orcutt, of Philadelphia, Pa., and Edward A. Kaier, of Chicago, Ill., for plaintiffs.

Charles F. Uhl, U. S. Atty., of Pittsburgh, Pa., and Edward Dumbauld, Sp. Asst. to Atty. Gen., for the United States.

Edward M. Reidy, Gordon C. Locke, and Daniel W. Knowlton, all of Washington, D. C., for Interstate Commerce Commission.

August G. Gutheim, of Washington, D. C., John Corcoran, of Pittsburgh, Pa., J. C. Argetsinger, of Youngstown, Ohio, for Western Pennsylvania Coal Operators Ass'n and Youngstown Sheet & Tube Co., intervening defendants.

James E. Bennett, of Youngstown, Ohio, for Youngstown Chamber of Commerce, intervening defendant.

T. H. Burgess, of Cleveland, Ohio, for Republic Steel Corporation, intervening defendant.

Before GOODRICH, Circuit Judge, and McVICAR and GOURLEY, District Judges.


GOODRICH, Circuit Judge.

Following an investigation of coal rates initiated by itself, the Interstate Commerce Commission has made certain orders with regard to freight rates on bituminous coal from points in Pennsylvania to the Youngstown, Ohio area. The plaintiff carriers are affected by the lowering of rates ordered by the Commission and now have appeared before a three-judge statutory court1 to enjoin making the new rates effective...

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