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NASHVILLE RY. v. TENNESSEE

Nos. 396 and 429.

262 U.S. 318 (1923)

NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY ET AL. v. STATE OF TENNESSEE ET AL. UNITED STATES AND INTERSTATE COMMERCE COMMISSION v. STATE OF TENNESSEE ET AL.

Supreme Court of United States.

Decided May 21, 1923.

Attorney(s) appearing for the Case

Mr. Blackburn Esterline, Assistant to the Solicitor General, for the United States.

Mr. J. Carter Fort, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission.

Mr. William H. Swiggart, Jr., with whom Mr. Frank M. Thompson, Attorney General of the State of Tennessee, was on the brief, for appellees.

Mr. Fitzgerald Hall, with whom Mr. John Bell Keeble and Mr. Charles N. Burch were on the brief, for appellant carriers.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Section 22 of the Act to Regulate Commerce, as amended by Act of March 2, 1889, c. 382, § 9, 25 Stat. 855, 862, provides, among other things,

"That nothing in this act shall prevent the carriage. storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat,...

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