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SECRETARY OF AGRICULTURE v. U. S.

NOS. 6 AND 11.

350 U.S. 162 (1956)

76 S.Ct. 244

100 L.Ed. 173

SECRETARY OF AGRICULTURE v. UNITED STATES ET AL.

Supreme Court of United States.

Decided January 9, 1956.

Attorney(s) appearing for the Case

Marvin E. Frankel argued the cause for the United States and the Secretary of Agriculture. With him on the brief were Solicitor General Sobeloff, Assistant Attorney General Barnes, William J. Lamont, Robert L. Farrington, Neil Brooks and Donald A. Campbell.

Samuel R. Howell argued the cause and filed a brief for the Interstate Commerce Commission.

William F. Zearfaus argued the cause for the Intervening Railroads, appellees. With him on the brief was J. Edgar McDonald.

On a brief were John H. Pratt for the Utah Poultry & Farmers Cooperative, Marcus Whiting for Armour & Co., and Arthur C. O'Meara and John P. Staley for Swift & Co., appellants in Nos. 7 and 12.

Opinion of the Court by MR. JUSTICE HARLAN, announced by MR. JUSTICE CLARK.

These cases involve the validity of railroad tariff provisions exonerating the appellee railroads from liability for stated percentages of damage to shell eggs shipped over their lines. The cases come to us by direct appeal1 from a judgment of a three-judge district court in Utah,2 which dismissed an action brought to set aside and...

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