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TRANSIT SYSTEM, INC. v. PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA

No. 15967.

292 F.2d 734 (1961)

D. C. TRANSIT SYSTEM, INC., Appellant, v. PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1961.

Attorney(s) appearing for the Case

Mr. Harvey M. Spear, New York City, with whom Mr. Owen J. Malone, Washington, D. C., was on the brief, for appellant.

Mr. George F. Donnella, Counsel, Public Utilities Commission of the District of Columbia, with whom Messrs. Chester H. Gray, Gen. Counsel, Public Utilities Commission of the District of Columbia, and Andrew G. Conlyn, Counsel, Public Utilities Commission of the District of Columbia, were on the brief, for appellee.

Before PHILLIPS, Senior United States Circuit Judge of the Tenth Circuit, and BAZELON and BASTIAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court granting summary judgment, on cross motions, in favor of the appellee Commission in this suit by appellant Transit Company to set aside the Commission's order of September 30, 1959. The court held, in a memorandum opinion, that the Commission's order, directing the transit company to transfer $613,661.28 of the proceeds of the sale of property, from its earned surplus account to three different accounts...

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