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SHIELDS v. UTAH IDAHO R. CO.

No. 28.

305 U.S. 177 (1938)

59 S.Ct. 160

83 L.Ed. 111

SHIELDS ET AL. v. UTAH IDAHO CENTRAL RAILROAD CO.

Supreme Court of United States.

Decided December 5, 1938.

Attorney(s) appearing for the Case

Solicitor General Jackson, with whom Assistant Attorney General Arnold, and Messrs. Hugh B. Cox, Robert L. Stern, and Daniel W. Knowlton were on the brief, for petitioners.

Messrs. J.A. Howell and Robert E. Quirk for the respondents. Messrs. J.H. DeVine and Neil R. Olmstead were with Mr. Howell on the brief.

By leave of Court, briefs of amici curiae were filed by Mr. Wm. D. Whitney on behalf of the Hudson & Manhattan Railroad Co., and by Messrs. Robert E. Quirk and Claude D. Cass on behalf of the American Transit Assn., in support of the respondent.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

This case presents the questions of the effect of a determination by the Interstate Commerce Commission, for the purposes of the Railway Labor Act, that the respondent is not an interurban electric railway, and of the scope of judicial review of that determination.

The Railway Labor Act, which applies to railroads engaged in interstate commerce, excepts any "interurban" electric railway unless it...

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