General
EAGLE WHITE LEAD CO. et al. v. INTERSTATE COMMERCE COMMISSION et al.
188 F. 256·United States Commerce Court·1911
Before KNAPP. Presiding Judge, and ARCHBALD, HUNT, CARLAND, and MACK, Associate Judges.
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Opinion
EAGLE WHITE LEAD CO. et al. v. INTERSTATE COMMERCE COMMISSION et al.
(Commerce Court.
July 20, 1911.)
No. 6.
Bill by tbe Eagle White Lead Company and others against the Interstate Commerce Commission and others.
Dismissed.
Francis B. James, for petitioner.
R. Walton Moore and Frank W. Gwathmey, for Cincinnati, N. O. & T. P. Ry. Co.
J. A. Fowler, Asst. Atty. Gen., and Blackburn Esterline, Sp. Asst. Atty. Gen., for United States.
P. J. Farrell, for Interstate Commerce Commission.
Before KNAPP. Presiding Judge, and ARCHBALD, HUNT, CARLAND, and MACK, Associate Judges.
[MAJORITY — CARLAND, Judge.]
CARLAND, Judge.
The bill in this case is, for all practical purposes, the same as the bill in case No. 5, Receivers’ & Shippers’ Association of Cincinnati v. Interstate Commerce Commission and the Cincinnati, New Orleans & Texas Pacific Railway Co., 188 Fed. 242, and was filed for the same purpose. The cases were submitted together upon bill and demurrer.
For the reasons stated in the opinion filed in case No. 5, the demurrer in this case must be sustained and the bill dismissed.
ARCHBALD and MACK, Judges, dissenting.