United States District Court District of Columbia.https://leagle.com/images/logo.png
February 21, 1952.
February 21, 1952.
Attorney(s) appearing for the Case
Donald S. Caruthers and Albert C. Borghi, Washington, D. C., for plaintiffs.
John J. Donnelly, Jr., Special Asst. to the Atty. Gen. and Vincent A. Gorman, Attorney, Department of Justice, Washington, D. C. (H. G. Morison, Asst. Atty. Gen. and James E. Kilday and Newell A. Clapp, Special Assts. to the Atty. Gen., of counsel), for the United States.
Robert J. Fletcher and Richard Jackson, Boston, Mass., John L. Sullivan, John E. Shea, James G. Boss, and Sullivan, Bernard, Shea & Kenney, all of Washington, D. C., for Boston & M. R. R.
Edward M. Reidy, Associate Chief Counsel, Washington, D. C. (Daniel W. Knowlton, Chief Counsel, Washington, D. C., of counsel), for Interstate Commerce Commission.
John Lord O'Brian, Howard C. Westwood and Covington & Burling, all of Washington, D. C. (Neil Leonard and Bingham, Dana & Gould, all of Boston, Mass., of counsel), for Old Colony Trust Co.
Richard H. Wilmer, John H. Pickering and Wilmer & Broun, all of Washington, D. C. (Moses & Singer, and Cravath, Swaine & Moore, all of New York City, of counsel), for Goldman, Sachs & Co. and L. F. Rothschild & Co.
Henry B. Weaver Jr. and Thomas M. Cooley, II, Washington, D. C., and R. Sturgis Ingersoll, Philadelphia, Pa., for Pennroad Corp.
Mechlin, Marshall & Smith and Sidney V. Smith, Washington, D. C., for Eugene D. Hopper, Ernest E. Swartswelter and Marian M. Swartswelter.
Before CLARK, Circuit Judge, and MORRIS and TAMM, District Judges.
United States District Court District of Columbia.
TAMM, District Judge.
Factual Background.
This is an action invoking the functions of a statutory three-judge court under Section 2321 of Title 28 of the United States Code to enjoin, suspend, set aside and annul an order of the Interstate Commerce Commission (hereafter called the Commission). The plaintiffs ask also that the Court declare Section 20b of Title 49 of the United States Code Annotated (known as the Mahaffie Act) unconstitutional. The...
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