DELAWARE & HUDSON CO. v. UNITED STATES


5 F.2d 831 (1925)

DELAWARE & HUDSON CO. v. UNITED STATES.

District Court, S. D. of New York.

May 26, 1925.


Attorney(s) appearing for the Case

Walter C. Noyes and H. T. Newcomb, both of New York City, for petitioner.

Blackburn Esterline, Asst. Sol. Gen., of Washington, D. C., for the United States.

P. J. Farrell and R. Granville Curry, both of Washington, D. C., for Interstate Commerce Commission.

Before HOUGH and HAND, Circuit Judges, and BONDY, District Judge.


PER CURIAM.

The issues presented by this motion may be summarized thus:

(a) Section 26 of the statute is an unconstitutional attempt to delegate legislative power.

(b) The action of the Commission was not based upon any special investigation of petitioner's needs or requirements and was therefore arbitrary.

(c) The orders really do no more than require petitioner and others to experiment at their own charges with devices of an untried nature...

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