General
LEHIGH VALLEY R. CO. v. UNITED STATES et al.
190 F. 1023·United States Commerce Court·1911
Before KNAPP. Presiding Judge, and ARCHBALD, HUNT, GARLAND, and MACK, Associate Judges.
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Opinion
LEHIGH VALLEY R. CO. v. UNITED STATES et al.
(Commerce Court.)
No. 49.
Suit by the Lehigh Valley Railroad Company against the United States; Interstate Commerce Commission and Henry E. Meeker, intervening. On motion for preliminary injunction.
Denied.
Frank H. Platt (E. H. Boles, John G. Johnson, and Everett Warren, cm the brief), for petitioner. Blackburn Esterline, Sp. Asst. Atty. Gen. (James A. Fowler, Asst. Atty. Gen., on the brief), for the United States. Charles W. Needham, for Interstate Commerce Commission. William A. Glasgow, Jr., for intervening shipper.
Before KNAPP. Presiding Judge, and ARCHBALD, HUNT, GARLAND, and MACK, Associate Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
Without expressing any opinion as to whether the petition and supporting affidavits disclose a state of facts which, if established on the trial of the case, would entitle the petitioner to the relief prayed for, it is the judgment of the court, in view of the matters set forth in the report of the Commission, which is made a part of its order, and the presumptions of the validity of the order, that the motion for a preliminary injunction should be denied, and it will be so ordered.