AYRSHIRE CORP. v. UNITED STATES

No. 25.

335 U.S. 573 (1949)

AYRSHIRE COLLIERIES CORP. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 3, 1949.


Attorney(s) appearing for the Case

Earl B. Wilkinson argued the cause for Ayrshire Collieries Corp. et al., appellants. With him on the brief was J. Alfred Moran.

Carson L. Taylor argued the cause for the Chicago, Milwaukee, St. Paul & Pacific Railroad Co., appellant. With him on the brief were A.N. Whitlock and M.L. Bluhm.

Daniel W. Knowlton argued the cause for the United States and the Interstate Commerce Commission, appellees. With him on the brief were Solicitor General Perlman, Assistant Attorney General Bergson and Edward Dumbauld.

Erle J. Zoll, Jr. argued the cause for the Alton Railroad Co. et al., appellees. With him on the brief were A.E. Funk, Attorney General of Kentucky, M.B. Holifield, Assistant Attorney General, Charles W. Stadell and J.E. Marks. Richard F. Wood was of counsel for Belleville Fuels, Inc. et al., appellees.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is an appeal, 38 Stat. 219, 220, 28 U.S.C. §§ 45 and 47a, 43 Stat. 938, 28 U.S.C. § 345 (4), from a decree of a three-judge District Court, which dismissed as without merit two complaints seeking to set aside a rate order of the Interstate Commerce Commission.1

Bituminous coal is produced in great quantities in...

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