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B. & O.R. CO. v. U.S.

No. 638.

304 U.S. 58 (1938)

58 S.Ct. 767

82 L.Ed. 1148

BALTIMORE & OHIO RAILROAD CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided April 25, 1938.

Attorney(s) appearing for the Case

Mr. Leo P. Day, with whom Messrs. Guernsey Orcutt and Anthony P. Donadio were on the brief, for appellants.

Mr. J. Stanley Payne, with whom Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. Elmer B. Collins and Daniel W. Knowlton were on the brief, for the United States et al.

Mr. J.V. Norman, with whom Mr. Hugh White was on the brief, for the Alabama Iron & Steel Shippers Conference.

Messrs. William H. Swiggart, Charles Clark, and Elmer A. Smith submitted on brief for the Cincinnati, N.O. & T.P. Ry Co. et al.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Appellants, nineteen railroads operating within what is known as Central Territory — Ohio, Indiana, Illinois and Michigan — by their bill filed in the District Court, Northern District of Illinois, July 22, 1936, challenged the validity of two Interstate Commerce Commission orders affecting the rate structure on coke moving into that territory from southern points. Questions in respect of these...

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