UNITED STATES v. ROCK ISLAND CO.

No. 25.

340 U.S. 419 (1951)

UNITED STATES ET AL. v. ROCK ISLAND MOTOR TRANSIT CO. ET AL.

Supreme Court of United States.

Decided February 26, 1951.


Attorney(s) appearing for the Case

Daniel W. Knowlton argued the cause for the United States and the Interstate Commerce Commission, appellants. With him on the brief were Solicitor General Perlman, Acting Assistant Attorney General Underhill and Edward M. Reidy. Allen Crenshaw was also of counsel for the Interstate Commerce Commission.

Harry E. Boe argued the cause for the Rock Island Motor Transit Company, appellee. With him on the brief were Martin L. Cassell, W. F. Peter and A. B. Enoch.

Ernest Porter and Bert F. Wisdom submitted on brief for the Iowa State Commerce Commission, appellee. George Cosson, Jr. was also of counsel.

Einar Viren submitted on brief for the Omaha Chamber of Commerce, appellee.


MR. JUSTICE REED delivered the opinion of the Court.

Questions of the power of the Interstate Commerce Commission to tighten the restrictions on operations of a railroad's motor-carrier affiliate are raised by this appeal. In the Commission's view the operations must be modified in order to make them truly auxiliary to or supplemental of the rail service. They are conducted (1) under a certificate of convenience and necessity issued in 1941 under § 207 of the...

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