B. & O.R.R. v. UNITED STATES

No. 404.

277 U.S. 291 (1928)

BALTIMORE & OHIO RAILROAD COMPANY v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 21, 1928.


Attorney(s) appearing for the Case

Mr. Morison R. Waite, with whom Messrs. D.P. Connell, Homer T. Dick, W.A. Northcutt, Guernsey Orcutt, Charles J. Rixey, Louis H. Strasser, W.J. Stevenson, Elmer A. Smith and Frank H. Towner were on the brief, for appellants.

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

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

Mr. M.G. Roberts, with whom Messrs. Joseph M. Bryson, W.F. Dickinson, Edward J. White, E.T. Miller, C.S. Burg, Wallace T. Hughes and H.H. Larimore were on the brief, for the Western Carriers, Appellees.


MR. JUSTICE BUTLER delivered the opinion of the Court.

The appellants,1 for convenience called the east side lines, brought this suit to set aside an order of the Interstate Commerce Commission in respect of charges for transporting certain westbound through traffic from the lines east of the Mississippi at East St. Louis to the lines west of the river at St. Louis. The Commission and the carriers...

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