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CLEVELAND, ETC., RY. v. UNITED STATES

No. 95.

275 U.S. 404 (1928)

CLEVELAND, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY COMPANY v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 3, 1928.

Attorney(s) appearing for the Case

Mr. George B. Gillespie, with whom Messrs. H.N. Quigley and S.W. Baxter were on the brief, for appellant.

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

Mr. Patrick J. Farrell, with whom Mr. E.M. Reidy was on the brief, for the Interstate Commerce Commission.

Messrs. James M. Sheean and Clarence B. Cardy were on the brief for J.K. Dering Coal Company.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Paragraph 9 of § 1 of the Interstate Commerce Act as amended provides that "Any common carrier subject to the provisions of this Act, upon application of . . any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any . . private side track which may be constructed to connect...

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