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I.C.C. v. HOBOKEN R. CO.

No. 43.

320 U.S. 368 (1943)

INTERSTATE COMMERCE COMMISSION ET AL. v. HOBOKEN MANUFACTURERS' RAILROAD CO.

Supreme Court of United States.

Decided December 6, 1943.

Attorney(s) appearing for the Case

Mr. E.M. Reidy, with whom Mr. Daniel W. Knowlton was on the brief, for the Interstate Commerce Commission; and Mr. Willis T. Pierson, with whom Messrs. Thomas P. Healy, Francis R. Cross, Joseph F. Eshelman, and R. Aubrey Bogley were on the brief, for the Baltimore & Ohio Railroad Co. et al., — appellants.

Mr. Parker McCollester, with whom Mr. Wilbur LaRoe, Jr. was on the brief, for appellee.

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

This is an appeal under 28 U.S.C. §§ 47a, 345, from a judgment by which the District Court for New Jersey, three judges sitting, set aside an order of the Interstate Commerce Commission, 47 F.Supp. 779.

The question is whether appellee, a terminal switching rail carrier, is entitled to an increase in the divisions which it now receives out of joint class...

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