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HANNA FURNACE CORPORATION v. UNITED STATES

Civ. No. 1408.

53 F.Supp. 341 (1943)

HANNA FURNACE CORPORATION v. UNITED STATES et al.

District Court, W. D. New York.

December 3, 1943.

Attorney(s) appearing for the Case

Ralph Ulsh and O'Brian, Hellings, Ulsh, & Morey, all of Buffalo, N.Y. (Harry D. Fenske, of Ecorse, Mich., and James McEvoy, Jr., of Detroit, Mich., of counsel), for plaintiff.

George L. Grobe, U. S. Atty., and Eugene Donnelly, Asst. U. S. Atty., both of Buffalo, N.Y., Edward Dumbauld, Sp. Asst. to Atty. Gen., Edward M. Reidy, Asst. Chief Counsel, Interstate Commerce Commission, of Washington, D.C., Tom C. Clark, Asst. Atty. Gen., and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D.C., for the United States and Interstate Commerce Commission.

Before CLARK, Circuit Judge, and KNIGHT and BURKE, District Judges.

KNIGHT, District Judge.

This suit is brought pursuant to statute and under the equity power of this court to enjoin, set aside and annul an order of the Interstate Commerce Commission prohibiting payment to the plaintiff by the defendant-carriers for car switching service performed by the plaintiff within its plant.

Plaintiff (hereinafter called "shipper") is the owner of an industrial plant, situate within the limits of the City of Buffalo, Erie County, State...

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