STATE OF NEW YORK v. UNITED STATES

Civil Actions Nos. 2311, 2337.

65 F.Supp. 856 (1946)

STATE OF NEW YORK et al. v. UNITED STATES. ATCHISON, T. & S. F. RY. CO. et al. v. SAME.

District Court, N. D. New York.

May 9, 1946.


Attorney(s) appearing for the Case

Parker McCollester and Frank J. Clark, Sp. Asst. Attys. Gen., for the State of New York.

Herbert T. Ferguson, Asst. Atty. Gen., for the State of Wisconsin.

Kenneth L. Sater and Hugh S. Jenkins, both of Columbus, Ohio, for the State of Ohio.

Robert Peacock, Deputy Atty. Gen., for the State of New Jersey.

Henry E. Foley, of Boston, Mass., for New England Governors.

Vincent G. Hart, of New York City, for Department of Law of the State of New York.

H. C. Barron, D. Robert Thomas, and Douglas F. Smith all of Chicago, Ill., for Western Railroads.

Edward H. Miller, Sp. Asst. to Atty. Gen. (David O. Mathews. Sp. Asst. to Atty. Gen., of counsel), for the United States.

Daniel W. Knowlton, Chief Counsel to the U. S. Interstate Commerce Commission, of Washington, D. C., for Interstate Commerce Commission.

George T. Simpson, of St. Paul, Minn., for J. A. A. Burnquist, Atty. Gen., and the State of Minnesota.

J. V. Norman, of Louisville, Ky., for the Southern States and Southern Governors' Conference.

Byron M. Gray, of Topeka, Kan., for States of North Dakota, South Dakota, Kansas, Nebraska, Oklahoma, Texas, and Arkansas, and their respective State Commissions.

C. E. Logwood, Public Service Commission of South Carolina, for Public Service Commission.

Robert F. Park, of Montgomery, Ala., for Alabama Public Service Commission.

Lewis Petteway, of Tallahassee, Fla., for Florida Railroad Commission.

Karl J. Stipher, Deputy Atty. Gen., of Indiana, for the State of Indiana.

J. C. Murray, of Little Rock, Ark., for State of Arkansas, the Governor of Arkansas, and the Arkansas Public Service Commission.

Neal E. Williams, of Fargo, N. D., for Nels G. Johnson, Atty. Gen. of North Dakota, and Public Service Commission, State of North Dakota.

H. Emerson Kokjer, Deputy Atty. Gen. of Nebraska, for State of Nebraska and Nebraska State Railway Commission.

Duane T. Swanson, of Lincoln, Neb., for State Railway Commission.

C. B. Bee, of Oklahoma City, Okl., for Governor Robert S. Kerr, State of Oklahoma, Corporation Commission, and Western and Southwestern States.

Walter R. McDonald, Georgia Public Service Commission, of Atlanta, Ga., for Southeastern Association of Railroad and Utilities Commissioners.

Jerry W. Carter, of Tallahassee, Fla., for Florida Railroad Commission.

James Noel, Asst. Atty. Gen., for State of Texas and Railroad Commission of Texas.

Before CHASE, Circuit Judge, and KNOX and BRENNAN, District Judges.


CHASE, Circuit Judge.

The Commission acted, in making the investigations and the resulting orders, pursuant to its conception of its duties as the agency created to administer the Interstate Commerce Act (49 U.S.C.A. § 1), which will hereinafter be called the Act. Its action was taken particularly with reference to Section 1(4), which imposes upon every railroad which is a common carrier in interstate commerce the duty "to provide and furnish transportation upon...

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