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RAILWAY EXPRESS AGENCY v. UNITED STATES

6 F.Supp. 249 (1934)

RAILWAY EXPRESS AGENCY, Inc., et al. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION et al., Interveners).

District Court, S. D. New York.

March 7, 1934.

Attorney(s) appearing for the Case

Henry Thurtell, of Washington, D. C., George R. Allen, of Philadelphia, Pa., and Albert M. Hartung, of New York City (Albert M. Hartung, of New York City, of counsel), for Railway Express Agency, Inc.

Henry J. Balzer, of Washington, D. C. (Henry Vollmer, Jr., of Brooklyn, N. Y., of counsel), for intervening defendants Wishnatzki & Nathel and others.

C. R. Marshall, of Washington, D. C., for intervening defendants R. W. Burch, Inc., and R. J. Head.

Theo. T. Turnbull, of Tallahassee, Fla., for intervener Railroad Commission of the State of Florida.

Charles H. O'Connor, of New York City, for intervening defendant Atlantic Commission Co.

Elmer E. Collins, Asst. Atty. Gen., for the United States.

Nelson Thomas and H. L. Underwood, both of Washington, D. C. (Daniel W. Knowlton and Nelson Thomas, both of Washington, D. C., of counsel), for Interstate Commerce Commission.

Heard, pursuant to title 28, United States Code, §§ 45 and 380 (45 USCA §§ 45, 380), by a three-judge court consisting of SWAN, Circuit Judge, and WOOLSEY and COXE, District Judges.

WOOLSEY, District Judge.

The judgment of the court herein is that the bill of complaint must be dismissed with costs, and a decree so providing may be entered.

I. The bill of complaint sets out that upon complaint of R. W. Burch, Inc., and others, proceedings were had before the Interstate Commerce Commission which resulted in the order of November 7, 1933, requiring reduction in express rates, express refrigeration charges, and freight charges of the plaintiffs...

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