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GARDNER v. UNITED STATES

Civ. A. No. 7350.

67 F.Supp. 230 (1946)

GARDNER et al. v. UNITED STATES.

District Court, D. New Jersey.

July 12, 1946.

Attorney(s) appearing for the Case

Collins & Corbin, of Jersey City, N. J., for plaintiffs.

Edgar H. Rossbach, U. S. Atty., of Newark, N. J., for the United States.

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

Theo. McC. Marsh, of Newark, N. J., for Alden Coal Company et al.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Daniel H. Kunkel, R. Granville Curry and Frederick M. Dolan, all of Washington, D. C., for intervening defendants.

Before O'CONNELL, Circuit Judge, and SMITH and MEANEY, District Judges.

O'CONNELL, Circuit Judge.

In this suit, various carriers ask to have set aside an order of the Interstate Commerce Commission which will result in a decrease of 25 cents per gross ton in the rates presently charged for hauling anthracite coal from the area of origin to the consuming area in and around New York City.1 The proceedings before the Commission began in 1937 with the filing of a complaint by 41 principal producers and

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