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CHES. & OHIO RY. v. UNITED STATES

No. 73.

283 U.S. 35 (1931)

51 S.Ct. 337

75 L.Ed. 824

CHESAPEAKE & OHIO RAILWAY COMPANY v. UNITED STATES ET AL.

Supreme Court of United States.

Decided March 9, 1931.

Attorney(s) appearing for the Case

Mr. Robert B. Tunstall, with whom Messers. Herbert Fitzpatrick and Thomas L. Preston were on the brief, for appellant.

Mr. Nelson Thomas, with whom Solicitor General Thacher and Mr. Daniel W. Knowlton were on the brief, for the United States and Interstate Commerce Commission.

Mr. John H. Holt, with whom Messrs. Robert E. McCabe, D. Lynch Younger, and Theodore W. Reath were on the brief, for the Guyandot & Tug River Railroad Co. and the Norfolk & Western Railway Co.

MR. JUSTICE BUTLER delivered the opinion of the Court.

This suit was brought by the appellant, for brevity called the Chesapeake, under the Urgent Deficiencies Act, 28 U.S.C., § 47, against the United States, the Guyandot and Tug River Railroad Company and the Norfolk and Western Railway Company. The former is a subsidiary of the latter and both may be called the Norfolk. The Interstate Commerce Commission appeared as a defendant. 28 U.S.C., § 45a. The purpose...

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