CHESAPEAKE & O. RY. CO. v. UNITED STATES 296 U.S. 187 (1935)

Appeals from the District Court of the United States for the Southern District of West Virginia.

Messrs. M. Carter Hall and E. L. Beach, both of Richmond, Va., for Chesapeake & O. Ry. Co.

Messrs. Homer S. Cummings, Atty. Gen., and Nelson Thomas and Daniel W. Knowlton, both of Washington, D.C., for the United States and Interstate Commerce Comm.

Mr. David C. Walls, of Hardinsburg, Ky., for Commonwealth of Kentucky pro hac vice, by special leave of court.

Mr. Robert E. Quirk, of Washington D.C., for Island Creek Coal Co.

Mr. C. R. Hillyer, of Chicago Ill., for Northeast Kentucky Coal Bureau.

PER CURIAM.

This is a suit to restrain the enforcement of an order of the Interstate Commerce Commission, made February 7, 1935, relating to rates for the transportation of coal from mines in Kentucky and West Virginia, respectively, and requiring the establishment of rates, as described, in order to remove an undue prejudice found to result from [296 U.S. 187, 188]   existing rates. Northeast Kentucky Coal Bureau v. Chesapeake & Ohio Railway Co., 201 I.C.C. 165; Id., 206 I.C.C. 445. Upon the hearing by the District Court, composed of three judges, the injunction was denied and the bill of complaint dismissed, but a restraining order was entered staying the enforcement of the Commission's order pending appeal to this Court. 11 F.Supp. 588. The railway company and intervening shippers appeal from so much of the decree as denied the injunction and dismissed the bill of complaint, and the United States, the Interstate Commerce Commission, and others appeal from that part of the decree which stayed the enforcement of the Commission's order.

This Court, upon an examination of the record, agrees with the conclusion of the District Court that the order in question was sustained by findings of the Commission acting within its statutory authority and that these findings were adequately supported by evidence. The decree denying injunction and dismissing the bill of complaint is affirmed. Texas & New Orleans Railroad Co. v. United States, 295 U.S. 395 , 55 S.Ct. 784

This disposition of the case makes it unnecessary to pass upon that portion of the decree which stayed the enforcement of the Commission's order. See Virginian Railway Co. v. United States, 272 U.S. 658 , 47 S.Ct. 222.

Affirmed.