CHICAGO & N. W. R. CO. v. A. T. & S. F. R. CO.

No. 8.

387 U.S. 326 (1967)

CHICAGO & NORTH WESTERN RAILWAY CO. ET AL. v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO. ET AL.

Supreme Court of United States.

Decided May 29, 1967.


Attorney(s) appearing for the Case

Hugh B. Cox argued the cause for appellants in No. 8. With him on the briefs were William H. Allen, Nuel D. Belnap, Richard M. Freeman, Bryce L. Hamilton, Raymond K. Merrill and Nye F. Morehouse.

Arthur J. Cerra argued the cause for the United States et al. in No. 23. With him on the brief were Solicitor General Marshall, Assistant Attorney General Turner, Robert B. Hummel, Jerry Z. Pruzansky and Robert W. Ginnane.

Howard J. Trienens argued the cause for appellees Atchison, Topeka & Santa Fe Railway Co. et al. With him on the brief were Douglas F. Smith, George L. Saunders, Jr., and Gary L. Cowan. George L. Saunders, Jr., argued the cause for appellees Missouri-Kansas-Texas Railroad Co. et al. With him on the brief was John E. McCullough. Calvin L. Rampton argued the cause for appellees Arizona Corporation Commission et al. With him on the brief were Robert Y. Thornton and Richard W. Sabin. Cyril M. Saroyan argued the cause for appellees the State of California et al. With him on the brief were Mary Moran Pajalich and J. Thomason Phelps.

Walter R. McDonald filed a brief for the Southern Governors' Conference et al., as amici curiae, in No. 23.


MR. JUSTICE STEWART delivered the opinion the Court.

This is a controversy between the Mountain-Pacific railroads and certain Midwestern railroads, involving the proper division between them of joint rates from through freight service in which they both participate. Dissatisfied with their share of existing divisions, the Midwestern carriers called upon the Interstate Commerce Commission's statutory authority to determine that joint rate divisions "are or will be...

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