No. 175.

319 U.S. 671 (1943)


Supreme Court of United States.

Decided June 14, 1943.

Attorney(s) appearing for the Case

Mr. Daniel H. Kunkel, with whom Mr. Daniel W. Knowlton was on the brief, for the Interstate Commerce Commission; Mr. Frank H. Cole, Jr., with whom Mr. Leo P. Day was on the brief, for the Baltimore & Ohio Railroad Co. et al.; and Messrs. Bryce L. Hamilton and A.B. Enoch submitted for the Alton Railroad Co. et al., — appellants.

Mr. Nuel D. Belnap, with whom Messrs. Luther M. Walter and John S. Burchmore were on the brief, for the Inland Waterways Corp. et al.; Mr. Edward B. Hayes, with whom Mr. Luther M. Walter was on the brief, for A.L. Mechling (doing business as A.L. Mechling Barge Line); and Mr. W. Carroll Hunter, with whom Messrs. Robert H. Shields and James K. Knudson were on the brief, for the Secretary of Agriculture of the United States, — appellees.

MR. JUSTICE JACKSON delivered the opinion of the Court.

By schedules filed with the Interstate Commerce Commission to become effective October 15, 1939, the appellant eastern railroads1 sought to deny grain arriving at Chicago by barge over the Illinois Waterways the privilege of moving out of Chicago by rail on "proportional" rates applicable to competing grain arriving at Chicago by lake steamer or rail. The only other rates on which...

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