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WAITE v. UNITED STATES

Civ. A. No. 15258.

161 F.Supp. 856 (1958)

Charles A. WAITE and Elmer J. Carroll, a partnership doing business as C. A. Waite Company, Pittsburgh, Pennsylvania; and Harold T. Henry and Eugene Brandeis, sole stockholders in a former corporation known as American Swedo Iron Corporation, Danville, Pennsylvania, Plaintiffs, v. UNITED STATES of America, Defendant and Interstate Commerce Commission, Chicago, Burlington & Quincy Railroad Company, et al., Intervening Defendants.

United States District Court W. D. Pennsylvania.

March 27, 1958.

Attorney(s) appearing for the Case

Henry W. Wick, Jr., Pittsburgh, Pa., for plaintiffs.

B. Franklin Taylor, Jr., U. S. Atty., Interstate Commerce Commission, Washington, D. C., Edward R. Gustafson, James A. Gillen, Chicago, Ill., Wallace D. Stewart, Pittsburgh, Pa., for defendant and intervening defendants.

WILLSON, District Judge.

This action is brought by plaintiffs under Section 17(9) of the Interstate Commerce Act, 49 U.S.C.A. § 17(9), to set aside orders of the Interstate Commerce Commission entered June 24, 1955 and December 19, 1955 in its Docket No. 31478, American Swedo Iron Corporation, et al. v. Chicago, Burlington & Quincy Railroad Company, et al., insofar as the orders dismissed plaintiffs' reparation claim for alleged unreasonable rates paid on...

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