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UNITED STATES v. IDAHO

No. 420.

298 U.S. 105 (1936)

UNITED STATES ET AL. v. IDAHO ET AL.

Supreme Court of United States.

Decided April 27, 1936.

Attorney(s) appearing for the Case

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

Messrs. J.M. Souby, George H. Smith, Robert B. Porter, and W. Hal Farr filed a brief on behalf of the Oregon Short Line R. Co., appellant.

Mr. Maurice H. Greene, with whom Mr. Bert H. Miller, Attorney General of Idaho, was on the brief, for appellees.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

The Interstate Commerce Act provides in Paragraph 18 of Section 1 that no interstate carrier "shall abandon all or any portion of a line or railroad, or the operation thereof, unless and until there shall first have been obtained from the [Interstate Commerce] Commission a certificate that the present or future public convenience and necessity permit of such abandonment...

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