B. & O.R. CO. v. U.S.

No. 133.

305 U.S. 507 (1939)

BALTIMORE & OHIO RAILROAD CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 3, 1939.


Attorney(s) appearing for the Case

Mr. Edwin H. Burgess, with whom Messrs. Alex H. Elder, Thomas P. Healy, Walter J. Larrabee, Carleton W. Meyer, Guernsey Orcutt, Douglas Swift, H.A. Taylor, Charles R. Webber, and M.B. Pierce were on the brief, for appellants.

Mr. J. Stanley Payne, with whom Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. Elmer B. Collins and Daniel W. Knowlton, Chief Counsel, I.C.C., were on the brief, for the United States et al., appellees.

Mr. John J. Hickey, with whom Mr. Walter W. Ahrens was on the brief, for the Warehousemen's Protective Committee; Mr. A. Lane Cricher for the American Warehousemen's Assn.; and Mr. Henry E. Foley, with whom Messrs. Henry Parkman, Jr. and Lewis H. Weinstein were on the brief, for the City of Boston and Boston Port Authority, appellees.


MR. JUSTICE REED delivered the opinion of the Court.

The Interstate Commerce Commission entered an order on February 2, 1937, which directed certain carriers serving the Port of New York district to cease and desist on or before April 5, 1937, from permitting shippers in interstate commerce over the carriers' lines from occupying "space by lease or otherwise in warehouses, buildings or on piers owned or controlled directly...

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