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TRANSIT COMMISSION v. U.S.

No. 535.

289 U.S. 121 (1933)

53 S.Ct. 536

77 L.Ed. 1075

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

Supreme Court of United States.

Decided April 10, 1933.

Attorney(s) appearing for the Case

Mr. George H. Stover, with whom Messrs. John J. Bennett, Jr., Wendell P. Brown, and Philip Hodes were on the brief, for appellants.

Mr. John Lord O'Brian, with whom Solicitor General Thacher and Messrs. Charles H. Weston, Hammond E. Chaffetz, Daniel W. Knowlton, and H.L. Underwood were on the brief, for the United States and Interstate Commerce Commission, appellees.

Mr. Alfred A. Gardner, with whom Messrs. D.P. Williams and Joseph F. Keany were on the brief, for the Pennsylvania and Long Island Railroad Companies, appellees.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Each appellant sued the United States and the railroad companies to set aside an order made by the Interstate Commerce Commission under § 1 (18) of the Interstate Commerce Act. The Commission intervened. The order certifies that the present and future public convenience and necessity require that upon terms specified the Long Island continue to operate over tracks, and to share in the use of other facilities...

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