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BARRINGER & CO. v. U.S.

No. 520.

319 U.S. 1 (1943)

L.T. BARRINGER & CO. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 3, 1943.

Attorney(s) appearing for the Case

Mr. Nuel D. Belnap, with whom Messrs. Luther M. Walter and John S. Burchmore were on the brief, for appellant.

Mr. Robert L. Pierce, with whom Solicitor General Fahy, Assistant Attorney General Arnold, and Messrs. Daniel W. Knowlton and J. Stanley Payne were on the brief, for the United States et al.; and Mr. Roland J. Lehman, with whom Messrs. R.S. Outlaw, C.S. Burg, and Clinton H. McKay were on the brief, for the Atchison, Topeka & Santa Fe Railway Co. et al., — appellees.

MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

This is a suit by appellant, a shipper of cotton over the lines of appellee railroads, brought under 28 U.S.C. § 41 (28), to enjoin and set aside an order of the Interstate Commerce Commission. The District Court of three judges dismissed the complaint, and the case comes here on direct appeal pursuant to 28 U.S.C. § 47. The question is whether the Commission erred in refusing to set

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