Attorney(s) appearing for the Case
Ralph S. Spritzer, Atty., Department of Justice, Washington, D. C., of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen. Morison, and Joe F. Nowlin, Sp. Asst. to the Atty. Gen., were on the brief, for appellant. George Morris Fay, U. S. Atty. at the time the brief was filed, Washington, D. C., Joseph M. Howard, Asst. U. S. Atty., Charles H. Weston, Atty. Department of Justice, Washington, D. C., and Charles L. Beckler, Attorney, Department of Justice, Bethesda, Md., also entered appearances on behalf of appellant.
Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, Washington, D. C., for appellee Interstate Commerce Commission. J. Stanley Payne, Atty., Interstate Commerce Commission, Washington, D. C., also entered an appearance on behalf of appellee Interstate Commerce Commission.
Windsor F. Cousins, Philadelphia, Pa., of the Bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, with whom Hugh B. Cox, Charles P. Reynolds, Martin A. Meyer, Jr., and Arthur J. Dixon, Washington, D. C., were on the brief, for appellees Pennsylvania R. Co. and others. Fred N. Oliver, New York City, also entered an appearance on behalf of the Virginian Ry. Co. and Charles Clark, Washington, D. C., entered an appearance on behalf of the Southern Ry. Co.
Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WASHINGTON, Circuit Judge.
This is a controversy between the Government and certain railroads relative to allegedly unlawful charges made by the carriers in connection with export freight handled for the Government during World War II. The litigation has had a lengthy history. It was before the Supreme Court in 1949, and at that time Mr. Justice Black, speaking for the Court, thus described its background:
"During the war, existing tariffs of many railroads...
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