UNITED STATES v. ILLINOIS CENT. R.R.

Nos. 40 and 38.

263 U.S. 515 (1924)

UNITED STATES, INTERSTATE COMMERCE COMMISSION, AND SWIFT LUMBER COMPANY v. ILLINOIS CENTRAL RAILROAD COMPANY ET AL. WYOMING RAILWAY COMPANY v. UNITED STATES AND INTERSTATE COMMERCE COMMISSION.

Supreme Court of United States.

Decided January 7, 1924.


Attorney(s) appearing for the Case

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

Mr. Robert V. Fletcher, with whom Mr. Walter S. Horton was on the brief, for Illinois Central Railroad Company, appellee in No. 40.

Mr. Garner Wynn Green, with whom Mr. Marcellus Green was on the brief, for Fernwood, Columbia & Gulf Railroad Company, appellee in No. 40.

Mr. H.C. Lutkin, with whom Mr. W.T. Alden, Mr. C.R. Latham, Mr. H.P. Young and Mr. Chas. Martin were on the brief, for appellant in No. 38.

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

Mr. George J. Gulotta and Mr. L. Palmer filed a brief on behalf of Swift Lumber Company, appellant in No. 40.


MR. JUSTICE BRANDEIS delivered the opinion of the Court.

These cases, brought to set aside orders of the Interstate Commerce Commission, were argued together, and present, in the main, the same questions of law. In each, carriers who were found to have unjustly discriminated against shippers of lumber located on an independent short line, were ordered by the Commission to cease and desist from charging them higher through...

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