ATCHISON, TOPEKA & S. F. RY. CO. v. AIRCOACH TRANSP. ASS'N

Nos. 14053-14056.

253 F.2d 877 (1958)

ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. et al., Appellants, v. AIRCOACH TRANSPORT ASSOCIATION, Inc., et al., Appellees. BALTIMORE AND OHIO RAILROAD COMPANY et al., Appellants, v. AIRCOACH TRANSPORT ASSOCIATION, Inc., et al., Appellees. PENNSYLVANIA RAILROAD COMPANY et al., Appellants, v. AIRCOACH TRANSPORT ASSOCIATION, Inc., et al., Appellees. NEW YORK CENTRAL RAILROAD COMPANY, Appellant, v. AIRCOACH TRANSPORT ASSOCIATION, Inc., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 25, 1958.


Attorney(s) appearing for the Case

Mr. Douglas F. Smith, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Messrs. Richard J. Flynn, Amos M. Mathews, Joseph D. Feeney, Jr., Chicago, Ill., and John Bodner, Jr., Washington, D. C., were on the brief, for appellants in No. 14053, and Mr. Hugh B. Cox, with whom Mr. Paul F. McArdle, Washington, D. C., was on the brief, for appellants in No. 14055, argued for all appellants.

Messrs. William E. Miller, Stephen Ailes and Richard A. Whiting, Washington, D. C., were on the brief for appellants in No. 14054.

Mr. James C. McKay, Washington, D. C., also entered an appearance for appellants in No. 14055.

Mr. Edward K. Wheeler, Washington, D. C., was on the brief for appellants in No. 14056.

Mr. David I. Shapiro, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Gerhard P. Van Arkel, Washington, D. C., was on the brief, for appellees.

Before WILBUR K. MILLER, BAZELON and FAHY, Circuit Judges.


FAHY, Circuit Judge.

Plaintiffs in the District Court, appellees, hereinafter called Aircoach, are four supplemental air carriers and the Aircoach Transportation Association, Inc., to which they belong. They sued forty railroads and two unincorporated rate committees,1 hereinafter jointly called the Railroads, appellants, for treble damages and a permanent injunction under the Clayton Antitrust Act,2 alleging...

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