UNITED STATES v. B. & O.R. CO.

No. 223.

333 U.S. 169 (1948)

UNITED STATES ET AL. v. BALTIMORE & OHIO RAILROAD CO. ET AL.

Supreme Court of United States.

Decided March 8, 1948.


Attorney(s) appearing for the Case

Frederick Bernays Wiener argued the cause for the United States and the Interstate Commerce Commission, appellants. With him on the brief were Solicitor General Perlman, Assistant Attorney General Sonnett, Edward Dumbauld, Daniel W. Knowlton and Edward M. Reidy.

William N. Strack and John P. Staley submitted on brief for Swift & Co., appellant.

Robert R. Pierce argued the cause for the Baltimore & Ohio Railroad Co. et al., appellees. With him on the brief were Harold H. McLean, Leo P. Day, George H.P. Lacey, Willis T. Pierson, John A. Duncan and Francis R. Cross.

Ashley Sellers argued the cause for the Cleveland Union Stock Yards Co., appellee. With him on the brief were Matthew S. Farmer and Carl McFarland.


MR. JUSTICE BLACK delivered the opinion of the Court.

This case is properly here on appeal, 28 U.S.C. § 345, from a district court decree enjoining enforcement of a cease and desist order of the Interstate Commerce Commission. 71 F.Supp. 499. The order enjoined required the five railroad appellees1 to abstain from refusing to deliver interstate shipments...

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