Ezra Taft BENSON, Secretary of Agriculture of the United States, and Commodity Credit Corporation, Appellants,
v.
UNITED STATES of America et al., Appellees.
J. G. BOSWELL AND COMPANY et al., Appellants,
v.
UNITED STATES of America et al., Appellees.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 24, 1960.
Decided June 10, 1960.
Petition for Rehearing Denied July 19, 1960.
Attorney(s) appearing for the Case
Mr. Donald A. Campbell, Atty., Dept. of Agriculture, with whom Messrs. Oliver Gasch, U. S. Atty., and Neil Brooks, Asst. Gen. Counsel, Dept. of Agriculture, were on the brief, for appellants in No. 15,359.
Mr. Walter D. Matson, Washington, D. C., with whom Mr. James K. Knudson, Washington, D. C., was on the brief, for appellants in No. 15,360.
Mr. C. H. Johns, Jr., Associate General Counsel, Interstate Commerce Commission, for appellee Interstate Commerce Commission.
Mr. Frederick G. Pfrommer, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. John Guandolo, Washington, D. C., was on the brief, for appellees Railroad Companies. Messrs. Lawrence Cake and Raymond A. Negus also entered appearances for appellees Railroad Companies.
Mr. Samuel D. Slade, Chief, Appellate Section, Civil Division, Dept. of Justice, entered an appearance for appellee United States of America.
Before Mr. Justice REED, retired, and FAHY, and BURGER, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Mr. Justice REED, sitting by designation.
These are appeals from an order of the United States District Court for the District of Columbia granting a motion for summary judgment by the Interstate Commerce Commission and the intervening railroad carriers, and dismissing a complaint.** Judge Sirica held that the action of the Commission in approving certain railroad tariffs on cotton as hereinafter described was based on substantial evidence...
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