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POSTAL TEL.-CABLE CO. v. TONOPAH R.R. CO.

Nos. 130, 217, 404.

248 U.S. 471 (1919)

39 S.Ct. 162

63 L.Ed. 365

POSTAL TELEGRAPH-CABLE COMPANY v. TONOPAH & TIDEWATER RAILROAD COMPANY. WESTERN UNION TELEGRAPH COMPANY v. BALTIMORE & OHIO RAILROAD COMPANY. POSTAL TELEGRAPH-CABLE COMPANY v. CHICAGO GREAT WESTERN RAILROAD.

Supreme Court of United States.

Decided January 20, 1919.

Attorney(s) appearing for the Case

Mr. Jacob E. Dittus and Mr. Ode L. Rankin, with whom Mr. William W. Cook and Mr. Bynum E. Hinton were on the briefs, for plaintiff in error and appellant in Nos. 130 and 404.

No appearance for defendant in error in No. 130.

Mr. Ralph M. Shaw, with whom Mr. George A. Kelly was on the brief, for appellee in No. 404.

Mr. Rush Taggart for appellant in No. 217.

Mr. J. DuPratt White, with whom Mr. George F. Brownell and Mr. Vermont Hatch were on the brief, for appellee in No. 217.

Mr. Charles W. Needham, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission, as amicus curiae, by special leave.

MR. JUSTICE HOLMES delivered the opinion of the court.

The first of these cases, Postal Telegraph-Cable Co. v. Tonopah & Tidewater R.R. Co., was a suit in the Municipal Court of the City of New York for services rendered to the Railroad Company. The defendant set up that the services consisted of the sending of telegrams relating to the defendant's business and were covered by a contract such as usually is made between railroads and telegraphs, under...

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