U.S. v. ABILENE & SO. RY. CO.

No. 456.

265 U.S. 274 (1924)

UNITED STATES AND INTERSTATE COMMERCE COMMISSION v. ABILENE & SOUTHERN RAILWAY COMPANY ET AL.

Supreme Court of United States.

Decided May 26, 1924.


Attorney(s) appearing for the Case

Mr. Clifford Histed, with whom Mr. E.A. Boyd was on the brief, for Kemper, Receiver of the Kansas City, Mexico & Orient Railroad Company, and Kansas City, Mexico & Orient Railway Company of Texas, interveners.

Mr. T.J. Norton and Mr. M.G. Roberts, with whom Mr. Gardiner Lathrop and Mr. W.F. Evans were on the briefs, for appellees.

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

Mr. Solicitor General Beck, Mr. Blackburn Esterline, Assistant to the Solicitor General, and Mr. Clifford Histed, Special Assistant to the Attorney General, filed a brief on behalf of the United States.


MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This is an appeal by the United States and the Interstate Commerce Commission from a decree of the federal court for Kansas which perpetually enjoined the enforcement of an order made by the Commission, on August 9, 1922, under § 15(6) of the Interstate Commerce Act, as amended by Transportation Act, 1920, c. 91, §...

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