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B. & O. R. CO. v. ABERDEEN & R. R. CO.

No. 13.

393 U.S. 87 (1968)

89 S.Ct. 280

21 L.Ed.2d 219

BALTIMORE & OHIO RAILROAD CO. ET AL. v. ABERDEEN & ROCKFISH RAILROAD CO. ET AL.

Supreme Court of United States.

Decided November 12, 1968.

Attorney(s) appearing for the Case

Edward A. Kaier argued the cause for appellants in No. 13. With him on the briefs were Joseph F. Eshelman, Richard B. Montgomery, Jr., Eugene E. Hunt, Kenneth H. Lundmark, and Kemper A. Dobbins. Arthur J. Cerra argued the cause for appellant in No. 15. With him on the brief was Robert W. Ginnane.

Howard J. Trienens argued the cause for the Southern railroad appellees. With him on the brief were Ashton Phelps, George L. Saunders, Jr., John W. Adams, Phil C. Beverly, James A. Bistline, James W. Hoeland, John E. McCullough, and Donal L. Turkal. Carl E. Sanders argued the cause for appellees Southern Governors' Conference et al. With him on the brief was Walter R. McDonald.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

In these cases the Interstate Commerce Commission undertook to prescribe just, reasonable, and equitable divisions of joint rates pursuant to § 15 (6) of the Interstate Commerce Act, 24 Stat. 384, as amended.1 The Commission found that existing divisions violated § 15 (6) because they allocated to Northern lines a lesser share of...

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