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COLORADO v. UNITED STATES

No. 195.

271 U.S. 153 (1926)

46 S.Ct. 452

70 L.Ed. 878

COLORADO v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 3, 1926.

Attorney(s) appearing for the Case

Mr. Barney L. Whatley, with whom Messrs. William L. Boatright, Attorney General of Colorado, and S.E. Naugle, Assistant Attorney General, were on the brief, for appellant.

Messrs. Blackburn Esterline, Assistant to the Solicitor General, and R. Granville Curry, with whom Solicitor General Mitchell and Mr. P.J. Farrell were on the briefs, for the United States and the Interstate Commerce Commission.

Mr. Bruce Scott, with whom Messrs. Kenneth F. Burgess, J.Q. Dier, and J.H. Barwise, Jr. were on the brief, for The Colorado & Southern Railway Company.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This suit was brought by Colorado against the United States, in the federal court for that State, to enjoin and set aside, in part, an order of the Interstate Commerce Commission issued February 11, 1924. The order is a certificate that present and future public convenience and necessity permit the abandonment by the Colorado & Southern Railway Company, six months...

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