ALABAMA v. UNITED STATES

No. 166.

279 U.S. 229 (1929)

ALABAMA ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided April 8, 1929.


Attorney(s) appearing for the Case

Mr. Edgar Watkins, with whom Messrs. Charlie C. McCall, Attorney General of Alabama, J.Q. Smith, Special Assistant Attorney General, and Hugh White, President, Alabama Public Service Commission, were on the brief, for appellants.

Mr. E.M. Reidy, with whom Solicitor General Mitchell, and Messrs. Elmer B. Collins, Special Assistant to the Attorney General, and Daniel W. Knowlton were on the brief, for appellees United States and Interstate Commerce Commission.

Mr. Frank W. Gwathmey, with whom Messrs. W.A. Northcutt, Charles Clark and W.N. McGehee were on the brief, for appellees Alabama Carriers.


MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This suit was brought by appellants to set aside an order of the Interstate Commerce Commission establishing intrastate rates on fertilizers and fertilizing material in Alabama; and to enjoin numerous railroad companies from making such rates effective. The ground of the Commission's order was that the maintenance of such intrastate rates on a lower basis than those found reasonable would result in unjust...

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