Majority
p. 798No. 67. Interstate Commerce Commission v. Northern Pacific R. Co. et al. Motion submitted October 6, 1930. Decided October 13, 1930.
Messrs. Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, and Nelson Thomas for petitioner. Messrs. D. F. Lyons, W. W. Millan, R. E. L. Smith, F. G. Dorety, and R. J. Hagman for respondents.
On consideration of the motion of respondents to dismiss the writ of certiorari, the judgment of the Court of Appeals of the District of Columbia is reversed, and the cause is remanded to the Supreme Court of the District of Columbia with directions to set aside its order for the issuance of a peremptory writ of mandamus and to dismiss the petition for writ of mandamus.