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WIRTHMORE FEEDS, INC. v. BALTIMORE AND OHIO RAILROAD CO.

Civ. Nos. 10289, 10294.

221 F.Supp. 745 (1961)

WIRTHMORE FEEDS, INC., et al., Plaintiffs, v. The BALTIMORE AND OHIO RAILROAD COMPANY et al., Defendants. WIRTHMORE FEEDS, INC., et al., Plaintiffs, v. CHESAPEAKE & OHIO RAILWAY COMPANY et al., Defendants.

United States District Court W. D. New York.

July 26, 1961.

Attorney(s) appearing for the Case

Rice, Carpenter & Carraway, Washington, D. C. (Leo J. Fallon, Buffalo, N. Y., of counsel), for plaintiffs.

Eugene E. Hunt, New Haven, Conn. (John E. Leach, Buffalo, N. Y., of counsel), for defendants.

HENDERSON, District Judge.

The plaintiffs, feed manufacturers and an association of such manufacturers, seek an injunction enforcing Interstate Commerce Commission orders entered in Fourth Section applications numbered 37837 and 37892 on August 15, 1962 and September 19, 1962, respectively.

The rates in issue were published with the I.C.C. by the defendants and by their connecting railroad carriers, including the New York, New Haven & Hartford Railroad...

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