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AMERICAN SHEET & TIN PLATE CO. v. UNITED STATES

May 23, 1936

AMERICAN SHEET & TIN PLATE CO.
v.
UNITED STATES, and five other cases



The opinion of the court was delivered by: SCHOONMAKER

SCHOONMAKER, District Judge.

The six above-entitled cases involving similar issues were brought under the Act of Congress of October 22, 1913, 38 Stat. at Large 219, 38 U.S.C.A. §§ 41 (28), 45, 46, 47 (amending Act June 18, 1910, 36 Stat. 519), to enjoin orders of the Interstate Commerce Commission requiring railroad companies to discontinue payments of allowances to plaintiffs for the performance of certain terminal service commonly called "spotting."

 These cases were heard before J. WARREN DAVIS, Circuit Judge; R. M. GIBSON and F. P. SCHOONMAKER, District Judges.

 By agreement of counsel in open court, the trials of these six cases were consolidated; they were heard and are to be determined on one record.

 The orders of the Interstate Commerce Commission involved in these suits were entered in a proceeding entitled "Ex Parte No. 104, Practices of Carriers affecting operating Revenues of Expenses, Part II, Terminal Services."

 The specific orders involved in these suits were issued respectively in connection with supplemental reports to that in "Ex Parte No. 104," dealing with the terminal practices obtaining at the particular industrial plants of the plaintiffs, as follows:

 American Sheet & Tin Plate Company Terminal Allowance, 209 I.C.C. 719 (July 5, 1935).

 Allegheny Steel Company Terminal Allowance, 209 I.C.C. 273 (June 7, 1935).

 Pittsburgh Plate Glass Company Terminal Allowance, 209 I.C.C. 467 (June 25, 1935).

 Weirton Steel Company Terminal Allowance, 209 I.C.C. 445 (June 24, 1935).

 West Leechburg Steel Company Terminal Allowance, 210 I.C.C. 213 (July 29, 1935).

 Pittsburgh Plate Glass Company Terminal Allowance, 210 I.C.C. 527 (September 12, 1935).

 The plaintiffs all operate manufacturing plants which are located in the vicinity of Pittsburgh, Pa., with the exception of the Pittsburgh Plate Glass Company, which, in addition to a plaint in the Pittsburgh District at Ford City, Pa., also operates a plant at Crystal City, Mo. The plants of the other plaintiffs are located respectively as follows: American Sheet & Tin Plate Company, Vandegrift and Scottdale, Pa., and Wellsville, Ohio; the Allegheny Steel Company, at ...


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