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U.S. v. AMERICAN RY. EXP. CO.

Nos. 666-668.

265 U.S. 425 (1924)

UNITED STATES AND INTERSTATE COMMERCE COMMISSION v. AMERICAN RAILWAY EXPRESS COMPANY ET AL. SOUTHEASTERN EXPRESS COMPANY v. AMERICAN RAILWAY EXPRESS COMPANY ET AL. SOUTHERN TRAFFIC LEAGUE ET AL. v. AMERICAN RAILWAY EXPRESS COMPANY ET AL.

Supreme Court of United States.

Decided June 2, 1924.

Attorney(s) appearing for the Case

Mr. Blackburn Esterline, Assistant to the Solicitor General, with whom Mr. Solicitor General Beck was on the brief, for the United States.

Mr. Robert C. Alston and Mr. T.M. Cunningham, Jr., with whom Mr. H.S. Marx was on the briefs, for the American Railway Express Company, appellee.

Mr. P.J. Farrell for the Interstate Commerce Commission.

Mr. Sanders McDaniel, with whom Mr. Charles J. Rixey was on the brief, for the Southeastern Express Company, appellant.

Mr. Hollins N. Randolph and Mr. Robert S. Parker filed a brief on behalf of the Seaboard Air Line Railway Company, appellee.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Transportation Act, 1920, c. 91, § 418, 41 Stat. 456, 485, amending Interstate Commerce Act, § 15, par. 3, directs that the Commission "shall whenever deemed by it to be necessary or desirable in the public interest . . . establish through routes." Paragraph 4 of that section provides: "In establishing any such through route the Commission shall not . . . require any carrier by railroad, without its...

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