Mr. Elliott W. Major, Attorney General of Missouri, and Messrs. Sanford B. Ladd and Frederick W. Lehmann for Knott et al.
Messrs. Frank Hagerman, Gardiner Lathrop, M. A. Low, W. F. Evans, and M. L. Bell for the railroad company.
Memorandum opinion by direction of the court. By Mr. Justice Hughes:
This suit was one of the eighteen suits described in Knott v. Chicago B. & Q. R. Co. decided this day. [ 230 U.S. 474 , 57 L. ed. --, 33 Sup. Ct. Rep. 975.] Upon the hearing below, as it appeared that the property of the St. Louis, Kansas City, & Colorado Railroad Company had been acquired by the Chicago, Rock Island & Pacific Railway Company, it was ordered by consent of the parties, that the suits of the two companies should be consolidated, and that [230 U.S. 512, 513] the 'findings, statements, and figures as to both companies' should be put 'in consolidated form as those of the Chicago, Rock Island, & Pacific Railway Company.'
Separate decrees were entered in the two cases, and separate appeals and cross appeals have been taken.
The same disposition must be made of both. See Knott v. Chicago, R. I . & P. R. Co. The decree below is therefore reversed and the cause is remanded, with directions to dismiss the bill without prejudice.
It is so ordered.