Chesapeake & Ohio Railway Co. v. United States, 283 U.S. 35 (1931)

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Chesapeake & Ohio Railway Co. v. United States

No. 73

Argued January 26, 27, 1931
Decided March 9, 1931
283 U.S. 35

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

Syllabus

1. Facts stated in a report of the Interstate Commerce Commission held sustained by findings and sufficient to support an order authorizing new railroad construction, under § 1, (18), (20), of the Transportation Act. P. 38.

2. The Commission, in reaching a determination that proposed extensions of lines of railroad are required by the public interest, may properly consider the desirability of preserving competition between rival railroad systems. P. 41.

35 F.2d 769 affirmed.

Appeal from a decree of the district court of three judges dismissing a bill to set aside an order of the Interstate Commerce Commission.