ALTON R. CO. v. ILLINOIS COMM'N

No. 231.

305 U.S. 548 (1939)

ALTON RAILROAD CO. v. ILLINOIS COMMERCE COMMISSION ET AL.

Supreme Court of United States.

Decided January 16, 1939.


Attorney(s) appearing for the Case

Mr. Frank H. Towner, with whom Mr. Silas H. Strawn was on the brief, for appellant.

Mr. Harry R. Booth, Assistant Attorney General of Illinois, with whom Messrs. John E. Cassidy, Attorney General, and Homer D. Dines were on the brief, for appellees.


MR. JUSTICE BUTLER delivered the opinion of the Court.

The question is whether an order made by the commission, denying appellant's application for authority to discontinue, and requiring it to continue, maintenance and operation of a switch track in Chicago used to serve shippers, deprives it of its property in violation of the due process clause of the Fourteenth Amendment. Specifically, appellant maintains that by compelling it to expend its funds for the upkeep...

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