U.S.A. v. PA. P.U.C.


393 Pa. 537 (1958)

United States of America, Appellant, v. Pennsylvania Public Utility Commission.

Supreme Court of Pennsylvania.

June 30, 1958.


Attorney(s) appearing for the Case

E.R. McConnell, with him Henry P. Sullivan, Assistant United States Attorney, and Harold K. Wood, United States Attorney, for appellant.

Jack F. Aschinger, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE BELL, June 30, 1958:

This is an appeal by the United States from a unanimous opinion by the Superior Court affirming an Order of the Pennsylvania Public Utility Commission enjoining the Pennsylvania Railroad from charging the Federal Government railroad rates other than those filed in its tariffs with the Public Utility Commission.

The facts are these: In the Fall of 1953 the Pennsylvania Railroad quoted a special rate to the...

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