BALTIMORE & O. R. CO. v. UNITED STATES

No. 10741.

201 F.2d 795 (1953)

BALTIMORE & O. R. CO. et al. v. UNITED STATES et al.

United States Court of Appeals Third Circuit.

Decided February 12, 1953.


Attorney(s) appearing for the Case

Theodore Voorhees, Philadelphia, Pa. (Windsor F. Cousins, Philadelphia, Pa., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for Pennsylvania R. Co.

A. W. Hesse, Jr., Philadelphia, Pa., on the brief, for Reading Co.

L. J. Huegel, Baltimore, Md., on the brief, for Baltimore & O. R. Co.

Daniel M. Friedman, Sp. Asst. to Atty. Gen. (Newell A. Clapp, Acting Asst. Atty. Gen., Max E. Halpern, Assistant General Counsel, Joseph A. Klausner, Chief, Regulation Branch, Edward Aptaker, Attorney, Federal Maritime Board, Washington 25, D. C., on the brief), for respondents.

Paul F. Barnes, Robert H. Shertz, Shertz, Barnes & Shertz, Philadelphia, Pa., on the brief, for Pennsylvania Motor Truck Ass'n.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


GOODRICH, Circuit Judge.

This case involves a question of the jurisdiction of the Federal Maritime Board and also the correctness of an order issued by it. The order directed the petitioning railroads to increase from two to five days the "free time" allowed for the loading and unloading of local freight which moves by truck over the railroad piers in Philadelphia. Free time refers to the allowance of a certain period during which no charge is made for the storage...

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