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UNITED STATES v. MO. PAC. R. CO.

No. 19.

278 U.S. 269 (1929)

49 S.Ct. 133

73 L.Ed. 322

UNITED STATES ET AL. v. MISSOURI PACIFIC RAILROAD COMPANY.

Supreme Court of United States.

Reargued April 24, and November 19, 20, 1928.

Decided January 2, 1929.

Attorney(s) appearing for the Case

Mr. Blackburn Esterline, with whom Solicitor General Mitchell was on the brief, for the United States.

Mr. Daniel W. Knowlton, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission.

Mr. James B. McDonough for the Ft. Smith, Subiaco & Rock Island Railroad Company.

Mr. H.H. Larimore, with whom Messrs. Edw. J. White and Thos. B. Pryor were on the brief, for appellee.

MR. JUSTICE BUTLER delivered the opinion of the Court.

On complaint of the Fort Smith, Subiaco and Rock Island Railroad Company, called the "Subiaco," against the Missouri Pacific Railroad Company and 353 other carriers by rail, the Interstate Commerce Commission made an order establishing through routes for westbound freight traffic over the Subiaco. The Missouri Pacific brought this suit against the United States to set aside the order. U.S.C., Tit. 28, §&...

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