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MISSOURI v. CHI., BURL. & QUINCY R.R.

No. 16, Original.

241 U.S. 533 (1916)

STATE OF MISSOURI v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY.

Supreme Court of United States.

Decided June 12, 1916.

Attorney(s) appearing for the Case

Mr. John T. Barker, Attorney General of the State of Missouri, with whom Mr. Lee B. Ewing, Mr. W.T. Rutherford and Mr. Kenneth C. Sears were on the brief, for complainant.

Mr. O.M. Spencer and Mr. Frank Hagerman, with whom Mr. Chester W. Dawes was on the brief, for defendant:

Mr. Ernest E. Watson, Mr. H.A. Abernethy, Mr. W.T. Alden, Mr. Campbell Cummings, Mr. H.L. McCunc; Mr. F.W. Paschal and Mr. Clifford B. Allen, by leave of the court, filed briefs as amici curice.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

A preliminary outline is essential to clear the way for an understanding of the case. By original action here brought the State sues to recover a sum of money for passenger fares in excess of the rate established by law paid by its officers when traveling within the State on state business. Answering, the railroad alleges among other defenses that the rates fixed...

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