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PEORIA RY. CO. v. UNITED STATES

No. 318.

263 U.S. 528 (1924)

44 S.Ct. 194

68 L.Ed. 427

PEORIA & PEKIN UNION RAILWAY COMPANY v. UNITED STATES, INTERSTATE COMMERCE COMMISSION, AND MINNEAPOLIS & ST. LOUIS RAILROAD COMPANY.

Supreme Court of United States.

Decided January 7, 1924.

Attorney(s) appearing for the Case

Mr. Robert V. Fletcher, with whom Mr. John M. Elliott was on the brief, for appellant.

Mr. Blackburn Easterline, Assistant to the Solicitor General, for the United States.

Mr. R. Granville Curry, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission.

Mr. Donald Evans, with whom Mr. M.M. Joyce was on the brief, for Minneapolis & St. Louis Railroad Company, appellee.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Transportation Act 1920 confers upon the Interstate Commerce Commission authority to issue, in certain classes of cases, orders "with or without notice, hearing, or the making or filing of a report," if it finds that an emergency exists. Act of February 28, 1920, c. 91, § 402, 41 Stat. 456, 476-477, 486.

Purporting to act under this power, the Commission ordered, without notice or hearing, that...

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