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ILLINOIS COMMERCE COMM'N v. U.S.

No. 787.

292 U.S. 474 (1934)

54 S.Ct. 783

78 L.Ed. 1371

ILLINOIS COMMERCE COMMISSION ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 28, 1934.

Attorney(s) appearing for the Case

Messrs. Luther M. Walter and Herbert J. Campbell, with whom Mr. Philip Lutz, Jr., Attorney General of Indiana, and Messrs. Herbert J. Patrick, Deputy Attorney General, John S. Burchmore, and Nuel D. Belnap were on the brief, for appellants.

Mr. Daniel W. Knowlton, with whom Solicitor General Biggs, Assistant Attorney General Stephens, and Messrs. Elmer B. Collins and Edward M. Reidy were on the brief, for the United States and Interstate Commerce Commission.

Mr. J.N. Davis, with whom Messrs. Harry I. Allen, J.R. Barse, P.F. Gault, Walter McFarland, Elmer A. Smith, and James Stillwell were on the brief, for the Alton R. Co. et al., appellees.

MR. JUSTICE STONE delivered the opinion of the Court.

This is an appeal under the Urgent Deficiencies Act of October 22, 1913, c. 32, 38 Stat. 208, 219, 220, from a decree of a District Court for Northern Illinois, three judges sitting, which dismissed the complaint upon which appellants sought to set aside an order of the Interstate Commerce Commission.

The order, made under § 13 (3) (4) of the Interstate Commerce Act, directed the removal of unjust...

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