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MECHLING BARGE LINES v. U.S.

No. 58.

376 U.S. 375 (1964)

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

Supreme Court of United States.

Decided March 23, 1964.

Attorney(s) appearing for the Case

Edward B. Hayes argued the cause and filed briefs for appellants in No. 58.

Harold E. Spencer argued the cause for appellant in No. 59. With him on the briefs was Richard M. Freeman.

Frank I. Goodman argued the cause for the United States. On the brief were Solicitor General Cox, Assistant Attorney General Orrick, and Robert B. Hummel.

H. Neil Garson argued the cause for the Interstate Commerce Commission, appellee in both cases. With him on the brief was Robert W. Ginnane.

Richard J. Murphy argued the cause and filed a brief for New York Central Railroad Co., appellee in No. 59. Leo P. Day filed a brief for McNabb Grain Co. et al., appellees in No. 59.

MR. JUSTICE CLARK delivered the opinion of the Court.

This direct appeal from a final judgment of a three-judge District Court is but another episode in the long and continued struggle between the railroads and competing barge lines. In 1960 the Interstate Commerce Commission issued an order permitting a departure from the long- and short-haul provision of § 4 of the Interstate Commerce Act.1

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