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UNITED STATES EX REL. CHICAGO GREAT WESTERN RAILROAD CO. v. I.C.C.

No. 234.

294 U.S. 50 (1935)

UNITED STATES EX REL. CHICAGO GREAT WESTERN RAILROAD CO. ET AL. v. INTERSTATE COMMERCE COMMISSION ET AL.

Supreme Court of United States.

Decided January 7, 1935.

Attorney(s) appearing for the Case

Mr. Frank H. Towner, with whom Messrs. Ralph M. Shaw, S.W. Moore, F.H. Moore, and A.F. Smith were on the brief, for petitioners.

Mr. Daniel W. Knowlton, with whom Mr. E.M. Reidy was on the brief, for the Interstate Commerce Commission.

Mr. Samuel W. Sawyer for the Kansas City Terminal Ry. Co., respondent.

Messrs. Charles H. Woods, Jonathan C. Gibson, E.A. Boyd, Bruce Scott, Walter McFarland, W.F. Dickinson, W.F. Peter, J.M. Souby, Francis W. Clements, and H.H. Larimore submitted for the Atchison, Topeka & Santa Fe Ry. Co. et al., respondents.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

This cause calls for the application of familiar principles governing the issuance of the writ of mandamus. The petitioners urge that the courts below erred in denying the writ. For an understanding of the contention the circumstances out of which the litigation arose should be stated.

Prior to the year 1906 ten railroads entering Kansas City used a union depot...

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