Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 3, 4, 5, 1947.
Decided May 12, 1947.
Attorney(s) appearing for the Case
Parker McCollester argued the cause for appellants in No. 343. With him on the brief were Kenneth L. Sater for the appellant States, Nathaniel L. Goldstein, Attorney General, and Frank J. Clark for the State of New York, Clair John Killoran, Attorney General, for the State of Delaware, James A. Emmert, Attorney General, and Karl J. Stipher, Deputy Attorney General, for the State of Indiana, Hall Hammond, Attorney General, for the State of Maryland, Foss O. Eldere, Attorney General, and James W. Williams, Assistant Attorney General, for the State of Michigan, Walter D. Van Riper, Attorney General, and Robert Peacock, Deputy Attorney General, for the State of New Jersey, Hugh S. Jenkins, Attorney General, for the State of Ohio, John E. Martin, Attorney General, and Herbert T. Ferguson, Assistant Attorney General, for the State of Wisconsin, and James H. Duff, Attorney General, and E.A. DeLaney, Deputy Attorney General, for the Commonwealth of Pennsylvania.
Henry F. Foley argued the cause and filed a brief for appellants in No. 344.
Douglas F. Smith argued the cause for appellants in No. 345. With him on the brief were H.C. Barron, C.W. Fiddes, H.E. Boe, P.F. Gault, G.H. Muckley, Elmer B. Collins, Carson L. Taylor, Robert Thompson and D. Robert Thomas.
Edward H. Miller argued the cause for the United States and Daniel W. Knowlton argued the cause for the Interstate Commerce Commission, appellees. With them on the brief were Acting Solicitor General Washington and Assistant Attorney General Berge.
J.V. Norman argued the cause for the Southern States and Southern Governors' Conference, appellees.
Byron M. Gray argued the cause for the State of Arkansas et al., appellees. With him on the brief were J.C. Murray for the State of Arkansas, Walter R. Johnson, Attorney General, and H. Emerson Kokjer, Deputy Attorney General, for the State of Nebraska, Nels G. Johnson, Attorney General, Neal E. Williams and James Hanley for the State of North Dakota, C.B. Bee for the State of Oklahoma, William Williamson, Assistant Attorney General, for the State of South Dakota, and Price Daniel, Attorney General, James D. Smullen and Charles D. Methews, Assistant Attorneys General, for the State of Texas.
J.A.A. Burnquist, Attorney General, and George T. Simpson filed a brief for the State of Minnesota, appellee.
Eldon S. Dummit, Attorney General, M.B. Holifield, Assistant Attorney General, J.E. Marks and L.F. Orr filed a brief on behalf of the State of Kentucky, as amicus curiae, urging affirmance.
Supreme Court of United States.
Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE BURTON.
The orders of the Interstate Commerce Commission, which appellants seek to have set aside, resulted from two separate investigations instituted by the Commission on its own motion in 1939 to inquire into the lawfulness or unlawfulness of most of the then existing rate-making standards for interstate railroad class freight rates in the United States. One investigation related to classifications...
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