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EDWARD CHAPPELL CO. v. CHESAPEAKE & O. RY. CO.

110 F.Supp. 46 (1952)

EDWARD CHAPPELL CO. v. CHESAPEAKE & O. RY. CO. et al.

United States District Court S. D. New York.

July 10, 1952.

Attorney(s) appearing for the Case

Foley & Martin, New York City, Christopher E. Heckman, New York City, of counsel, for plaintiff.

White & Case, New York City, Horace L. Walker and Hewitt Biaett, Richmond, Va., of counsel, for Chesapeake & O. R. Co.

Conboy, Hewitt, O'Brien & Boardman, New York City, J. P. Fishwick and R. B. Claytor, New York City, of counsel, for Norfolk & W. R. Co.

CONGER, District Judge.

Motion by the plaintiff for a temporary injunction and motions by the defendants to dismiss the action on various grounds.

The complaint seeks a declaration of invalidity of the defendants' tariffs as they apply to plaintiff upon the ground that the schedule of charges in such tariffs violates Section 2 of the Interstate Commerce Act, 49 U.S.C.A. § 2, and also a permanent injunction...

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