MINNEAPOLIS & ST. LOUIS R. CO. v. U. S.

No. 12.

361 U.S. 173 (1959)

MINNEAPOLIS & ST. LOUIS RAILWAY CO. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided December 14, 1959.


Attorney(s) appearing for the Case

Max Swiren and Harold J. Soderberg argued the cause for appellants. Max Swiren, John G. Dorsey and Richard Musenbrock were on the brief for the Minneapolis & St. Louis Railway Co., appellant in No. 12; Parnell Donohue, Attorney General of South Dakota, Herman L. Bode, Assistant Attorney General, and Ernest W. Stephens for the State of South Dakota et al., appellants in No. 27; and Miles Lord, Attorney General of Minnesota, and Harold J. Soderberg, Assistant Attorney General, for the State of Minnesota et al., appellants in No. 28.

Robert W. Ginnane and Starr Thomas argued the cause for appellees. Solicitor General Rankin, Acting Assistant Attorney General Bicks, Richard A. Solomon, Robert W. Ginnane and B. Franklin Taylor, Jr. were on the brief for the United States and the Interstate Commerce Commission; Grenville Beardsley, Attorney General of Illinois, and Harry R. Begley, Special Assistant Attorney General, for the State of Illinois; Starr Thomas, Carl E. Bagge and Edwin A. Lucas for the Atchison, Topeka & Santa Fe Railway Co. et al.; and Robert H. Walker for certain municipalities and shippers et al., appellees.


MR. JUSTICE WHITTAKER delivered the opinion of the Court.

These appeals present questions arising out of rival applications by several rail carriers to the Interstate Commerce Commission under § 5 (2) of the Interstate Commerce Act1 for authority to acquire control of Toledo, Peoria & Western Railroad Company.

"Western" is an independent, short-line "bridge carrier"

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