PALMER v. UNITED STATES

Civ. No. 3816-47.

75 F.Supp. 63 (1947)

PALMER et al. v. UNITED STATES et al.

District Court of the United States for the District of Columbia.

November 20, 1947.


Attorney(s) appearing for the Case

H. D. Boynton, of New Haven, Conn., G. H. Muckley and Stanfield Johnson, both of Washington, D. C., for complainants.

Robert E. Quirk, of Washington, D. C., for all intervening complainants.

J. Stanley Payne and Daniel W. Knowlton, both of Washington, D. C., for the Interstate Commerce Commission.

Edward J. Hickey, Jr., of Washington, D. C., for the U. S.

R. S. Outlaw and S. R. Brittingham, Jr., both of Chicago, Ill., Andrew C. Scott, of Chicago, Ill., and Lawrence Cake, of Washington, D. C., for intervening defendants Atchison, T. & S. F. Ry. Co. and others.

W. Carroll Hunter, James K. Knudson and Henry A. Cockrum, all of Washington, D. C., for Secretary of Agriculture.

Francis A. Silver and Harvard R. Osmond, both of Washington, D. C., for Director of Defense Transportation.

Glen A. Wilkinson and Ernest L. Wilkinson, both of Washington, D. C., for National Agricultural Cooperative Transportation Committee.

Before WILBUR K. MILLER and PRETTYMAN, Associate Justices, United States Court of Appeals for the District of Columbia, and LETTS, Associate Justice, District Court of the United States for the District of Columbia.


PRETTYMAN, Associate Justice.

This is a civil action brought by certain railroads to enjoin and set aside an order of the Interstate Commerce Commission entered on July 25, 1947, in a proceeding captioned "Increased Per Diem Charge on Freight Cars". The Secretary of Agriculture, the Director of the Office of Defense Transportation (whom we shall call simply the Director), the National Agricultural Cooperative Transportation Committee, and certain railroads, some as...

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