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SCHWABACHER v. UNITED STATES

No. 1738-51.

104 F.Supp. 875 (1952)

SCHWABACHER et al. v. UNITED STATES et al.

United States District Court District of Columbia.

May 9, 1952.

Attorney(s) appearing for the Case

Kenneth L. Kimble, Washington, D. C., McFarland & Sellers, Washington, D. C., of counsel, for plaintiffs.

Robert W. Strange, Sp. Asst. to Atty. Gen., H. G. Morison, Asst. Atty. Gen., James E. Kilday, Sp. Asst. to Atty. Gen., of counsel, for U. S.

C. H. Johns, Attorney, I. C. C., Washington, D. C., Daniel W. Knowlton, Chief Counsel, I. C. C., Washington, D. C., of counsel, for Interstate Commerce Commission.

William E. Miller and Stephen Ailes, both of Washington, D. C., R. W. Purcell and Joseph C. Kauffman, both of Cleveland, Ohio, and Steptoe & Johnson, Washington, D. C., of counsel, for Chesapeake & O. R. Co.

Before FAHY, Circuit Judge, and HOLTZOFF and TAMM, District Judges.

TAMM, District Judge.

Factual Background.

This is an action to enjoin, set aside, annul and suspend in part two orders of the Interstate Commerce Commission (hereafter called the Commission). This Court has jurisdiction under Section 1336 of Title 28 United States Code. The first order challenged in this action was published April 1, 1947, and was entered in a proceeding before the Commission designated Finance Docket No. 15228. That order approved...

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