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B. & O. R. CO. v. UNITED STATES.

No. 258.

345 U.S. 146 (1953)

BALTIMORE & OHIO RAILROAD CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided March 16, 1953.

Attorney(s) appearing for the Case

Robert H. Bierma argued the cause for appellants. With him on the brief were Richmond C. Coburn, Frank H. Cole, Jr., Leo P. Day, James B. Gray and Toll R. Ware.

Daniel M. Friedman argued the cause for the United States and the Interstate Commerce Commission, appellees. With him on the brief were Solicitor General Cummings, Acting Assistant Attorney General Clapp, Marvin E. Frankel and Edward M. Reidy.

Frank A. Leffingwell submitted on brief for the Texas Citrus and Vegetable Growers and Shippers, appellee.

MR. JUSTICE BLACK delivered the opinion of the Court.

The appellant railroads brought this action in a United States District Court to set aside a rate order of the Interstate Commerce Commission. The order prescribed maximum carload rates for carrying certain kinds of fresh vegetables. The rates were charged to be "confiscatory" and therefore in violation of the Due Process Clause of the Fifth Amendment. The sole basis for this charge was an allegation that if put...

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