SCHWABACHER v. UNITED STATES

Civil Action No. 713.

72 F.Supp. 560 (1947)

SCHWABACHER et al. v. UNITED STATES et al.

District Court, E. D. Virginia.

June 14, 1947.


Attorney(s) appearing for the Case

Robert M. Cooper, of Washington, D. C., and William M. Blackwell, of Richmond, Va., for plaintiffs.

George R. Humrickhouse, Asst. U. S. Atty., of Richmond, Va., Daniel R. Kunkel, Atty., Interstate Commerce Commission, of Washington, D. C., and Edward J. Hickey, Jr., Sp. Asst. to Atty. Gen., for defendants.

J. C. Kauffman, of Cleveland, Ohio, John W. Riely and George D. Gibson, both of Richmond, Va., John C. Shields, of Detroit, Mich., and George H. Gardner, of Washington, D. C., for Chesapeake & O., Pere Marquette, and Alleghany Co., intervening defendants.

John R. Turney, of Washington, D. C., for Wellington & Co., et al., intervening defendants.

Moultrie Hitt, of Washington, D. C., for Sterling, Grace & Co., et al., intervening defendants.

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


DOBIE, Circuit Judge.

This is a civil action brought by plaintiffs, owners of 2,100 shares of 5% cumulative preferred stock of Pere Marquette Railway Company, to enjoin, set aside, annul or suspend, in whole or in part, an order of the Interstate Commerce Commission approving the merger of the properties and franchises of the Pere Marquette Railway Company into the Chesapeake and Ohio Railway Company for ownership, management...

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