Atlanta, Birmingham & Coast R. Co. v. United States, 296 U.S. 33 (1935)

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Atlanta, Birmingham & Coast Railroad Co. v. United States


No. 9


Argued October 15, 1935
Decided November 11, 1935
296 U.S. 33

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

1. In a suit by a railroad company to set aside an order of the Interstate Commerce Commission, concerning accounting and involving a valuation of the railroad’s property, held that the court is without power to weigh the evidence that was before the Commission in making its valuation. P. 38.

2. The evidence before the Commission in this case supports its finding that the value of the railroad property in question did not exceed the value of its stocks issued in a reorganization following the liquidation of the former owner, the preferred stock being appraised at par and the valuation of the no-par common stock being limited to the amount which, in the reorganization, another railroad company paid and agreed to pay for it, for the extinguishment of liens on the property. P. 36.

Affirmed.

Appeal from a decree of the District Court, of three judges, which dismissed a bill to annul an order of the Interstate Commerce Commission.