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TRANSIT COMMISSION v. U.S.

No. 498.

284 U.S. 360 (1932)

52 S.Ct. 157

76 L.Ed. 342

TRANSIT COMMISSION ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 4, 1932.

Attorney(s) appearing for the Case

Mr. George H. Stover, with whom Messrs. John J. Bennett, Jr., Edward M. Deegan, and Charles Dickerman Williams were on the brief, for appellants.

Assistant to the Attorney General O'Brian, with whom Solicitor General Thacher and Messrs. Charles H. Weston, Hammond E. Chaffetz, Daniel W. Knowlton, and Edward M. Reidy were on the brief, for the United States and Interstate Commerce Commission, appellees.

Mr. Alfred A. Gardner, with whom Mr. Joseph F. Keany was on the brief, for the Long Island Railroad Co., appellee.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

This appeal involves the validity of a certificate of public convenience and necessity of the Interstate Commerce Commission, permitting the abandonment by Long Island Railroad Company of a portion of its Whitestone branch. Separate bills were filed by appellants to enjoin action by the railroad and to adjudge the certificate void. They were consolidated and heard by a specially constituted

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