Nos. 709, 710, 711, 712, 713, 714, 715, 716, 606, 638.

274 U.S. 564 (1927)


Supreme Court of United States.

Decided May 31, 1927.

Attorney(s) appearing for the Case

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

Mr. R. Granville Curry, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission.

Mr. E.L. Greever for the Pocahontas Operators' Assn., submitted.

Messrs. Francis I. Gowen and F.M. Rivinus, with whom Messrs. Henry W. Bikle, W.S. Bronson, W.L. Kinter, W.A. Northcutt, C.C. Paulding, Theodore W. Reath, and C.M. Sheafe, Jr., were on the brief, for appellees in Nos. 606 and 638.

Mr. Walker D. Hines, with whom Messrs. Francis B. Biddle, John H. Barnes, August G. Gutheim, Charles Heebner, and Wayne Johnson were on the brief, for appellees in No. 709.

Mr. Frederick H. Wood, with whom Messrs. Frederic L. Ballard, Hoyt A. Moore, Paul D. Cravath, L.A. Manchester, Charles S. Belsterling, Nathan L. Miller, and John B. Putnam were on the brief, for appellees in No. 710.

Mr. Wayne Johnson for appellees in Nos. 709 and 713, submitted.

Messrs. John L. O'Brian, Hugh F. Smith, and Ralph J. Baker for appellees in Nos. 711 and 715, submitted.

Messrs. Frank Bergen, August G. Gutheim, James W. Carmalt, and William H. Speer for appellees in Nos. 712 and 716, submitted.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

These five suits were brought in the federal court for eastern Pennsylvania under the Urgent Deficiencies Act, October 22, 1913, c. 32, 38 Stat. 208, 219, to enjoin and annul an order of the Interstate Commerce Commission. The order, which was to become effective March 1, 1925, prescribes for all railroads subject to its jurisdiction a so-called "Assigned Car Rule" governing the distribution of cars among bituminous...


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