National Water Carriers Ass'n v. United States

SWAN, Circuit Judge.

This case is before a court of three-judges assembled pursuant to statute. 1 It has been heard upon the amended complaint, the answers thereto, and briefs and arguments. It is a sequel to prior litigation between the same parties, the decision in which is reported in D.C., 120 F.Supp. 719, 726. In that case the same plaintiffs attacked an order of the Interstate Commerce Commission dated February 3, 1953 which established rates for the transportation of crushed stone between Westfield, Mass, and Calverton, L. I., N. Y. and between Branford, Conn, and Calverton, L. I. Judge…