ILLINOIS CENT. R. CO. v. RAILROAD COMMISSION OF KENTUCKY


1 F.2d 805 (1923)

ILLINOIS CENT. R. CO. v. RAILROAD COMMISSION OF KENTUCKY et al.

District Court, E. D. Kentucky,

On Further Hearing October 15, 1924.


Attorney(s) appearing for the Case

Trabue, Doolan, Helm & Helm, of Louis-ville, Ky., for Illinois Cent. R. Co.

Frank E. Daugherty, Atty. Gen., and O. S. Hogan, Asst. Atty. Gen., both of Frankfort, Ky., for Railroad Commission of Kentucky.

Before DENISON, Circuit Judge, and COCHRAN and SATER, District Judges, under section 266 of the Judicial Code.


PER CURIAM.

Using approximately accurate figures, the rate on gravel and sand from Paducah to Hopkinsville had been 4 cents, and interstate rates were upon the same basis. By its order in Ex parte 74, July 29, 1920, the Interstate Commerce Commission directed an advance of 25 per cent. on all interstate rates in this territory. Thereupon the railroad, without the approval of the state commission (such approval being unnecessary), raised its interstate rates also in...

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