U.S. v. CHICAGO, M., ST. P. & P.R. CO.

No. 379.

294 U.S. 499 (1935)


Supreme Court of United States.

Decided March 4, 1935.

Attorney(s) appearing for the Case

Assistant Attorney General Stephens, with whom Solicitor General Biggs and Messrs. Carl McFarland, Elmer B. Collins, Daniel W. Knowlton and Edward M. Reidy were on the brief, for the United States and Interstate Commerce Commission, appellants.

Mr. John T. Quisenberry, with whom Messrs. Walter McFarland, H.H. Larimore, Frank H. Towner, and Elmer A. Smith were on the brief, for the Railroad Companies, appellants.

Mr. C.L. Taylor, with whom Messrs. O.W. Dynes and M.L. Bluhm were on the brief, for the Chicago, Milwaukee, St. Paul & Pacific R. Co., appellee.

Mr. Earl B. Wilkinson, with whom Messrs. Michael F. Gallagher and Samuel M. Rinaker were on the brief, for the Binkley Mining Co. et al., appellees.

MR. JUSTICE CARDOZO delivered the opinion of the Court.

On November 22, 1932, the Chicago, Milwaukee, St. Paul & Pacific Railroad Company (referred to in this opinion as the Milwaukee) filed with the Interstate Commerce Commission a schedule of rates for the transportation of bituminous coal from mines in Indiana to destinations in northern Illinois. Upon complaint by competing railroads and producers in Illinois, the...

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