Icc v. Columbus & Greenville Ry. Co., 319 U.S. 551 (1943)

Interstate Commerce Commission v.

Columbus & Greenville Railway Co.
No. 628

Argued April 7, 8, 1943
Reargued May 13, 1943
Decided June 7, 1943
319 U.S. 551

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF MISSISIPPI

Syllabus

One of several railroads whose lines connected at points where cottonseed was milled, and whose respective tariffs allowed "cutbacks" on rates on inbound hauls of cottonseed the milled products of which were hauled outbound by the same carrier that hauled in the seed from which they were produced, filed a tariff allowing shippers the benefit of the cut-backs on shipments outbound over its line whether the corresponding inbound haul was over that line or one of the connecting lines. The Interstate Commerce Commission ordered the tariff cancelled upon the ground that, in violation of § 6(4) of the Interstate Commerce Act, it operated to reduce established outbound joint rates to points beyond that carrier’s line without the concurrence of participating carriers and upon the ground that its operation entailed violations also of §§ 1(6) and 6(7).

Held: that the order of the Commission should not have been enjoined. P. 555.

46 F.Supp. 204 reversed.

Appeal from a decree of a District Court of three judges which enjoined the enforcement of an order of the Interstate Commerce Commission.