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ALL STATES FRGT. v. N. Y., N. H. & H. R. CO.

No. 22.

379 U.S. 343 (1964)

85 S.Ct. 419

13 L.Ed.2d 324

ALL STATES FREIGHT, INC., ET AL. v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO. ET AL.

Supreme Court of United States.

Decided December 14, 1964.

Attorney(s) appearing for the Case

Homer S. Carpenter argued the cause for appellants. With him on the brief was John S. Fessenden.

Edward A. Kaier and Eugene E. Hunt argued the cause for appellees. With them on the brief were Margaret P. Allen and John A. Daily.

Robert W. Ginnane argued the cause for the United States and the Interstate Commerce Commission, urging reversal. With him on the brief were Solicitor General Cox, Assistant Attorney General Orrick, Frank Goodman, Lionel Kestenbaum and Fritz R. Kahn.

MR. JUSTICE STEWART delivered the opinion of the Court.

This is an appeal from the judgment of a three-judge district court setting aside an order of the Interstate Commerce Commission which had disallowed certain freight rates filed by the New York, New Haven & Hartford Railroad Company (hereafter "the New Haven") and other rail carriers. The issue presented is whether § 1 (6) of the Interstate Commerce Act, as...

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