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MECHLING BARGE LINES v. U. S.

No. 41.

368 U.S. 324 (1961)

A. L. MECHLING BARGE LINES, INC., ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided December 18, 1961.

Attorney(s) appearing for the Case

Edward B. Hayes argued the cause and filed briefs for appellants.

Daniel M. Friedman argued the cause for the United States and the Interstate Commerce Commission, appellees. With him on the brief were Solicitor General Cox, Assistant Attorney General Loevinger, Acting Assistant Attorney General Kirkpatrick, Richard A. Solomon, Lionel Kestenbaum, Robert W. Ginnane and H. Neil Garson.

Donald M. Tolmie argued the cause for intervening railroads. With him on the briefs were Edward A. Kaier, Robert H. Bierma, James M. Souby, Jr. and James E. Steffarud.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

In December 1958 the appellee railroads published and filed with the Interstate Commerce Commission tariffs establishing through combination rates, from grain producing areas in Northern Illinois to certain Eastern destinations, which were lower than local or flat rates for the same commodities from Chicago to the same destinations. Since these tariffs would be in violation of the long- and short-haul provisions...

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