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NORFOLK & WESTERN RY. CO. v. U.S.

No. 18.

287 U.S. 134 (1932)

NORFOLK & WESTERN RAILWAY CO. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided November 7, 1932.

Attorney(s) appearing for the Case

Messrs. D. Lynch Younger and F. Markoe Rivinus, with whom Messrs. S. King Funkhouser, Harvey B. Apperson, and Theodore W. Reath were on the brief, for appellant.

Assistant to the Attorney General O'Brian, with whom Solicitor General Thacher, and Messrs. Charles H. Weston, William G. Davis, Elmer B. Collins, Daniel W. Knowlton, and Nelson Thomas were on the brief, for the United States and the Commission.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The Interstate Commerce Commission issued an order pursuant to § 201 of the Interstate Commerce Act, as amended, requiring the Norfolk & Western Railway Company to carry certain coal mining properties in its accounts as not used in the service of transportation. The railway filed a petition in the District Court to enjoin the enforcement...

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