No. 17213.

315 F.2d 44 (1963)

UNITED STATES of America, Appellant, v. INTERSTATE COMMERCE COMMISSION, Western Pacific Railroad Company, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Miss Kathryn H. Baldwin, Attorney, Department of Justice of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of court, with whom Acting Asst. Atty. Gen. Joseph D. Guilfoyle and Messrs. David C. Acheson, U. S. Atty., and Alan S. Rosenthal, Attorney, Department of Justice, were on the brief, for appellant. Mr. Sherman L. Cohn, Attorney, Department of Justice, also entered an appearance for appellant.

Mr. Fritz R. Kahn, Assistant General Counsel, Interstate Commerce Commission, for appellee Interstate Commerce Commission.

Mr. D. Robert Thomas, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Lawrence Cake and Raymond A. Negus, Washington, D. C., were on the brief for appellee Western Pacific Railroad and certain other appellees.

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

FAHY, Circuit Judge.

One of the basic problems in this case was decided by the Supreme Court in United States v. Western Pacific Railroad Co. et al., 352 U.S. 59, 77 S.Ct. 161, 1 L.Ed.2d 126 (1956), on certiorari to the Court of Claims. The controversy was then in large part, and is now entirely, whether the three railroads,1 intervening defendants in the District Court and appellees here, charged the United...

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