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MELLON v. ERB

No. 4798.

13 F.2d 752 (1926)

MELLON, Director General of Railroads, v. ERB et al.

Circuit Court of Appeals, Ninth Circuit.

July 12, 1926.

Attorney(s) appearing for the Case

A. A. McLaughlin of Des Moines, Iowa, Alex. M. Bull, of Washington, D. C., and James E. Lyons, of San Francisco, Cal., for plaintiff in error.

M. H. Peterson and H. M. Wade, both of San Francisco, Cal., for defendants in error.

Before GILBERT, HUNT, and RUDkin, Circuit Judges.

RUDKIN, Circuit Judge (after stating the facts as above).

An award of reparation is authorized whenever rates, fares, charges, classifications, regulations, or practices are found to be unjust, unreasonable, unjustly discriminatory, unduly or unreasonably prejudicial, or otherwise in violation of the Interstate Commerce Commission Act (section 206 [c], Transportation Act, supra), and, if the Commission has found that the rates in question were unjust, unreasonable...

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