DENVER & R. G. W. R. CO., v. UNION P. R. CO.

No. 117.

351 U.S. 321 (1956)

DENVER & RIO GRANDE WESTERN RAILROAD CO. v. UNION PACIFIC RAILROAD CO. ET AL.

Supreme Court of United States.

Decided June 11, 1956.


Attorney(s) appearing for the Case

Frank E. Holman argued the causes for the Denver & Rio Grande Western Railroad Co. With him on the brief were Robert E. Quirk and Dennis McCarthy.

Elmer B. Collins argued the causes for the Union Pacific Railroad Co. et al. With him on the brief were L. E. Torinus, Roland J. Lehman, Eugene S. Davis, James C. Wilson, W. R. Rouse, Lowell Hastings, Edwin C. Matthias, M. L. Countryman, Jr., J. C. Gibson and John L. Davidson, Jr.

Robert W. Ginnane argued the causes for the United States et al., appellants in Nos. 119 and 334 and appellees in No. 118. With him on the brief were Solicitor General Sobeloff, Ralph S. Spritzer, Samuel R. Howell, Robert L. Farrington and Neil Brooks.

Robert L. Simpson, Assistant Attorney General, argued the causes for the Washington Public Service Commission et al., and Bert L. Overcash argued the causes for the State of Nebraska et al., appellants in Nos. 118 and 332 and appellees in Nos. 117 and 119. On the brief were Don Eastvold, Attorney General, and Mr. Simpson for the Washington Public Service Commission, Clarence S. Beck, Attorney General, and Mr. Overcash for the State of Nebraska et al., George F. Guy, Attorney General, for the State Board of Equalization and Public Service Commission of Wyoming, and C. W. Ferguson for the Public Utilities Commissioner of Oregon.

The causes were submitted on briefs by John R. Barry for the Public Service Commission of Utah et al., William J. Hickey for the American Short Line Railroad Association, and Lee J. Quasey for the National Live Stock Producers Association et al., appellees in Nos. 332, 333 and 334.


MR. JUSTICE BLACK delivered the opinion of the Court.

These cases all involve the validity of a single order of the Interstate Commerce Commission establishing through railroad routes and prescribing joint through rates for carriage of certain goods over the routes. The Commission's order was made after lengthy hearings upon complaint of the Denver & Rio Grande Western Railroad Company. The Rio Grande's main line runs from Ogden, Salt Lake City, and Provo, Utah...

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