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ARROW TRANSP. CO. v. SOUTHERN R. CO.

No. 430.

372 U.S. 658 (1963)

ARROW TRANSPORTATION CO. ET AL. v. SOUTHERN RAILWAY CO. ET AL.

Supreme Court of United States.

Decided April 15, 1963.

Attorney(s) appearing for the Case

John C. Lovett argued the cause for petitioners. With him on the briefs was Donald Macleay.

Dean Acheson argued the cause for respondent Southern Railway Co. With him on the brief was Francis M. Shea.

Ralph S. Spritzer, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Solicitor General Cox, Assistant Attorney General Loevinger and Lionel Kestenbaum.

Briefs of amici curiae, urging affirmance, were filed by Whiteford S. Blakeney for Statesville Flour Mills; by John W. Vardaman for Walley Milling Company; by Eugene Cook, Attorney General of Georgia, Paul Rodgers, Assistant Attorney General, and Walter R. McDonald for the Southern Governors' Conference et al.; and by Austin L. Roberts, Jr. and R. Everette Kreeger for the National Association of Railroad and Utilities Commissioners.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

A schedule of reduced rates proposed by the respondent rail carriers was suspended by the Interstate Commerce Commission for the maximum statutory period of seven months pending a determination whether the reduction was lawful. The statute1 expressly provides that "the proposed change of rate . . . shall go into effect," if the Commission...

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