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RAILWAY LABOR EXECUTIVES' ASS'N v. UNITED STATES

Civil Action No. 646—49.

84 F.Supp. 178 (1949)

RAILWAY LABOR EXECUTIVES' ASS'N v. UNITED STATES et al.

United States District Court District of Columbia.

May 27, 1949.

Attorney(s) appearing for the Case

Mulholland, Robie, McEwen & Hickey and Edward J. Hickey, Jr., Washington, D. C., for plaintiff.

Edward Dumbauld and William D. McFarlane, Special Assistants to the Attorney General; Herbert A. Bergson, Assistant Attorney General; and George Morris Fay, United States Attorney, Washington, D. C., for defendant.

Henry B. Curtis, Harry McCall, New Orleans, La., D. C. Fitch, Jr., Dallas, Tex., Henry L. Walker, and W. S. Macgill, Washington, D. C., for railroad intervenors.

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

Before CLARK, Circuit Judge, and BAILEY and PINE, District Judges, sitting as a statutory three-judge court.

PINE, District Judge.

This is an action to set aside, in part, an order of the Interstate Commerce Commission. The defendants are the United States and the Interstate Commerce Commission. The City of New Orleans and certain railroad companies have been granted leave to intervene as defendants. All parties and intervenors have respectively moved for summary judgment. There is no genuine issue of a material fact.

The order involved herein granted the railroad...

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