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BIRMINGHAM SLAG CO. v. UNITED STATES

No. 837.

11 F.Supp. 486 (1935)

BIRMINGHAM SLAG CO. et al. v. UNITED STATES et al.

District Court, N. D. Alabama, S. D.

May 4, 1935.

Attorney(s) appearing for the Case

Bradley, Baldwin, All & White, of Birmingham, Ala., for plaintiff.

Elmer B. Collins, Sp. Asst. to Atty. Gen., Jim C. Smith, U. S. Atty., of Birmingham, Ala., and J. Stanley Payne, Asst. Chief Counsel, Interstate Commerce Commission, of Washington, D. C., for the United States.

J. Carter Fort, of Washington, D. C., for defendant railroads.

Before WALKER, Circuit Judge, and KENNAMER and GRUBB, District Judges.

PER CURIAM.

This cause comes on to be heard before a three-judge court, consisting of the Honorable R. W. WALKER, Circuit Judge, and the Honorables C. B. KENNAMER and W. I. GRUBB, District Judges, upon the application of the plaintiffs for a preliminary injunction, restraining certain named carrier defendants from acting in pursuance of certain orders of the defendant the Interstate Commerce Commission, with reference to certain rates on sand, gravel, slag, and crushed...

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