No. 330.

337 U.S. 426 (1949)


Supreme Court of United States.

Decided June 20, 1949.

Attorney(s) appearing for the Case

Stanley M. Silverberg and David O. Mathews argued the cause for the United States. With them on the brief were Solicitor General Perlman, Assistant Attorney General Bergson and Philip Elman.

Daniel W. Knowlton argued the cause and filed a brief for the Interstate Commerce Commission, appellee.

Windsor F. Cousins argued the cause for the Pennsylvania Railroad Co. et al., appellees. With him on the brief were Hugh B. Cox, Robert C. Barnard, Charles P. Reynolds and Charles Clark.

MR. JUSTICE BLACK delivered the opinion of the Court.

It is contended here that the United States as a shipper is barred from challenging in federal courts an Interstate Commerce Commission order which denies the Government a recovery in damages for exaction of an allegedly unlawful railroad rate. Other contentions if sustained would deny federal courts all power to entertain an action by any shipper challenging a Commission order denying damages to the shipper.<...

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