ATLANTIC COAST LINE v. FLORIDA

No. 344.

295 U.S. 301 (1935)

ATLANTIC COAST LINE RAILROAD CO. v. FLORIDA ET AL.

Supreme Court of United States.

Reargued March 4, 5, 1935.

Decided April 29, 1935.


Attorney(s) appearing for the Case

Messrs. Carl H. Davis and Robert C. Alston made the arguments at both hearings, on behalf of the Atlantic Coast Line Railroad Company, appellant in No. 344 and cross-appellee with the United States and the Interstate Commerce Commission in No. 345. Messrs. W.E. Kay and Wm. Hart Sibley, of counsel for the Atlantic Coast Line Railroad Company, were with them on the briefs. Mr. Alfred P. Thom, of counsel for the Atlantic Coast Line Railroad Company, also was on the original brief.

Messrs. C.G. Ashby and Henry P. Adair argued the case on the first hearing, for the Brooks-Scanlon Corporation, the Wilson Cypress Company, and the Cummer Cypress Company, which together with the State of Florida, the Florida Railroad Commission (individually and for the use and benefit of several shippers), and the Wilson Lumber Company, were appellees in No. 344 and cross-appellants in No. 345. The reargument was made by Mr. Henry P. Adair and Mr. J.V. Norman, the latter appearing as counsel for the Wilson Lumber Company. With Messrs. Ashby, Adair, and Norman on the briefs were Mr. Cary D. Landis, Attorney General of Florida, for the State of Florida; Mr. Theodore T. Turnbull, for the Florida Railroad Commission; and Mr. August G. Gutheim, of counsel for the Brooks-Scanlon Corporation, the Wilson Cypress Company, and the Cummer Cypress Company.


MR. JUSTICE CARDOZO delivered the opinion of the Court.

Freight charges were collected by a railroad carrier in accordance with an order of the Interstate Commerce Commission after the refusal of a United States District Court to declare the order void. Later the decree was reversed by this court without considering the evidence on the ground that the findings of the Commission were incomplete and inadequate. Florida v. United States,

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