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UNITED STATES v. LOWDEN

No. 343.

308 U.S. 225 (1939)

UNITED STATES ET AL. v. LOWDEN ET AL., TRUSTEES OF THE ESTATE OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., ETC.

Supreme Court of United States.

Decided December 4, 1939.

Attorney(s) appearing for the Case

Mr. James C. Wilson, with whom Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. Elmer B. Collins, Richard H. Demuth, Daniel W. Knowlton, and Edward M. Reidy were on the brief, for appellants.

Mr. W.F. Peter, with whom Messrs. Otis F. Glenn and M.L. Bell were on the brief, for appellees.

By leave of Court, Messrs. Frank L. Mulholland, Clarence M. Mulholland, and Willard H. McEwen, on behalf of the Railway Labor Executives' Association, filed a brief, as amici curiae, urging reversal.

MR. JUSTICE STONE delivered the opinion of the Court.

This appeal raises the question whether the Interstate Commerce Commission, in approving and authorizing a lease of a railroad by one railroad company to another, under § 5 (4) (b) of the Interstate Commerce Act as amended, (48 Stat. 217, 49 U.S.C., § 5 (4) (b) enacted in substance as § 407 (5) (6) of the Transportation Act of 1920, 41 Stat. 481), has authority...

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