ATCHISON R. CO. v. PUB. UTIL. COMM'N.

No. 22.

346 U.S. 346 (1953)

ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. PUBLIC UTILITIES COMMISSION OF CALIFORNIA ET AL.

Supreme Court of United States.

Decided November 9, 1953.


Attorney(s) appearing for the Case

Douglas F. Smith argued the cause for appellant in No. 22 and Burton Mason argued the cause for appellant in No. 43. With them on a joint brief were Jonathan C. Gibson, R. S. Outlaw, Robert W. Walker, Kenneth F. Burgess and Arthur R. Seder, Jr. for appellant in No. 22, and George L. Buland, E. J. Foulds and Randolph Karr for appellant in No. 43.

Roger Arnebergh argued the cause for appellees in No. 22. With him on the briefs were Bourke Jones for the City of Los Angeles, appellee in that case, and Henry McClernan and John H. Lauten for the City of Glendale in No. 43. Ray L. Chesebro was also with them on statements opposing jurisdiction and motions to dismiss or affirm.

Hal F. Wiggins argued the cause for appellees in No. 43. With him on the briefs was Everett C. McKeage for the Public Utilities Commission.


MR. JUSTICE MINTON delivered the opinion of the Court.

These cases present the same questions of law and will be disposed of together. The Public Utilities Commission of California entered orders1 authorizing the construction of certain grade separation improvements and allocating the costs therefor, pursuant to § 1202 of the Public Utilities Code of California.2

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