RAILWAY LABOR EXECUTIVES' ASS'N v. UNITED STATES

Civ. A. No. 4047-56.

151 F.Supp. 108 (1957)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Chicago and North Western Railway Company, Chicago, Saint Paul, Minneapolis and Omaha Railway Company, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Southern Pacific Railroad Company, Intervening Defendants.

United States District Court District of Columbia.

April 12, 1957.


Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C., with whom Clarence M. Mulholland, Toledo, Ohio, Edward J. Hickey, Jr., and William G. Mahoney, Washington, D. C., were on the brief, for plaintiff.

E. Riggs McConnell, Washington, D. C., with whom Victor R. Hansen, Asst. Atty. Gen., Oliver Gasch, U. S. Atty., and James E. Kilday, Washington, D. C., were on the brief, for the United States.

H. Neil Garson, Asst. Gen. Counsel, Washington, D. C., with whom Robert W. Ginnane, Gen. Counsel, of Washington, D. C., was on the brief, for the Interstate Commerce Commission.

Edgar Vanneman, Jr., Chicago, Ill., with whom Martin A. Meyer, Jr., Washington, D. C., was on the brief, for Chicago & N. W. Ry. Co., and Chicago, St. P., M. & O. Ry. Co.

Edwin R. Eckersall and William J. Quinn, Chicago, Ill., and Lawrence Cake, Washington, D. C., were on the brief, for Chicago, M., St. P. & P. R. Co.

Elmer B. Collins, Omaha, Neb., with whom W. R. Rouse, F. J. Melia, James A. Wilcox, Omaha, Neb., and Lawrence Cake, Washington, D. C., were on the brief, for Union P. R. Co.

Edward M. Reidy, Washington, D. C., for Southern Pac. Co.

Before DANAHER, Circuit Judge, and HOLTZOFF and CURRAN, District Judges.


CURRAN, District Judge.

This is a civil action arising under the Interstate Commerce Act, 49 U.S.C.A. §§ 1(4), 3(4), 5(2), 5(4), 5(7) and 15 (3), brought by the plaintiff, Railway Labor Executives' Association (hereinafter called Association), to set aside and annul orders of the Interstate Commerce Commission (hereinafter called Commission), entered March 5 and July 16, 1956, in a proceeding entitled Railway Labor Executives' Association, et al. v. Chicago...

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