KING v. UNITED STATES

No. 9.

344 U.S. 254 (1952)

KING ET AL., CONSTITUTING THE FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION, v. UNITED STATES ET AL.

Supreme Court of United States.

Decided December 22, 1952.


Attorney(s) appearing for the Case

Lewis W. Petteway argued the cause and filed a brief for appellants.

Charles H. Weston argued the cause for the United States and the Interstate Commerce Commission, appellees. With him on the brief were Acting Solicitor General Stern, Acting Assistant Attorney General Clapp, James L. Morrisson and Edward M. Reidy. Philip B. Perlman, then Solicitor General, and Daniel W. Knowlton were on a motion to affirm.

Frank W. Gwathmey argued the cause for the Atlantic Coast Line Railroad Co. et al., appellees. With him on the brief was James A. Bistline.

Arnold H. Olsen, Attorney General, Charles V. Huppe, Assistant Attorney General, and Edwin S. Booth filed a brief for the State of Montana et al., as amici curiae, urging reversal.


MR. JUSTICE BURTON delivered the opinion of the Court.

The questions here are: (1) whether the Interstate Commerce Commission, in prescribing intrastate freight rates for railroads under § 13 (4) of the Interstate Commerce Act,1 may give weight to deficits in passenger revenue; and (2) whether the findings of the Commission which are involved in this proceeding are sufficient to sustain the...

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