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ST. L. & O'FALLON R. CO. v. U.S.

Nos. 131 and 132.

279 U.S. 461 (1929)

ST. LOUIS & O'FALLON RAILWAY COMPANY ET AL. v. UNITED STATES ET AL. UNITED STATES ET AL. v. ST. LOUIS & O'FALLON RAILWAY COMPANY ET AL.

Supreme Court of United States.

Decided May 20, 1929.

Attorney(s) appearing for the Case

Messrs. Daniel N. Kirby and Frederick H. Wood, with whom Messrs. Robert H. Kelley, Leslie Craven, and Charles Nagel were on the brief, for appellant railway companies.

Mr. George W. Wickersham, Special Assistant to the Attorney General, with whom Attorney General Sargent was on the brief, for the United States.

Mr. Walter L. Fisher, with whom Messrs. Oliver E. Sweet and Roland J. Lehman were on the brief, for the Interstate Commerce Commission.

Mr. Donald R. Richberg participated in the oral argument and filed a brief, as amicus curiae, in behalf of The National Conference on Valuation of American Railroads, by special leave of Court.

Messrs. F.G. Dorety and Fletcher Rockwood filed a brief, as amici curiae, in behalf of the Great Northern Railway Company, by special leave of Court.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

These are cross appeals from the final decree of the District Court, Eastern Missouri, — three judges sitting — in a suit to annul an Interstate Commerce Commission order, dated February 15, 1927, which directed St. Louis and O'Fallon Railway Company to place in a reserve fund one-half of its determined excess income for the years 1920 (ten months),...

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