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ANN ARBOR R. CO. v. UNITED STATES

No. 7.

281 U.S. 658 (1930)

50 S.Ct. 444

74 L.Ed. 1098

ANN ARBOR RAILROAD COMPANY ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Reargued October 21, 22, 1929.

Decided June 2, 1930.

Attorney(s) appearing for the Case

Mr. Herman Phleger, with whom Messrs. Maurice E. Harrison, James S. Moore, Jr., Platt Kent, James E. Lyons, Elmer Westlake, R.S. Outlaw, M.B. Pierce, F.D. McKenney, Clyde Brown, P.F. Gault, J.N. Davis, A.B. Enoch, Kenneth F. Burgess, Elmer A. Smith, F.M. Angellotti, E.W. Camp, A.S. Halsted, and Guy V. Shoup were on the brief, for appellants.

Solicitor General Hughes, with whom Messrs. J. Stanley Payne, Assistant Chief Counsel, Interstate Commerce Commission, Daniel W. Knowlton, Chief Counsel, and George C. Butte, Special Assistant to the Attorney General, were on the brief, for the United States et al., on the reargument.

Mr. Allan P. Matthew, with whom Messrs. J.M. Mannon, Jr., John F. Cassell, John O. Moran, and J. Richard Townsend were on the brief, for the California Growers' and Shippers' Protective League, intervener and appellee.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This is a suit to set aside an order of the Interstate Commerce Commission condemning existing rates for the transportation of deciduous fruits from California to eastern destinations — chiefly points between the Mississippi River and the Atlantic seaboard. A hearing in the District Court before three judges under § 47, Title 28, U.S.C., resulted in a decree dismissing the bill; and a direct...

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