
    Andrew W. Mellon, Director General of Railroads, Appellant, v. Rochester Can Company, Respondent.
    
      Arbitration — action to recover on alleged award of Interstate Commerce Commission.
    
    
      Davis v. Rochester Can Co., 220 App. Div. 487, affirmed.
    (Argued December 5, 1927;
    decided January 10, 1928.)
    Appeal from a judgment, entered May 7, 1927, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The action was to recover the amount of an alleged award of the Interstate Commerce Commission for car demurrage. A dispute having arisen between plaintiff and defendant as to the latter’s liability for car demurrage the question was submitted to the Interstate Commerce Commission, whose secretary thereafter wrote to defendant that the Commission had considered the matter and held that the car in question was subject to the charges. The Appellate Division held that the holding of the Commission was not an award but simply an expression of opinion, informal and advisory only.
    
      Paul Folger for appellant.
    
      John D. Lynn for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  