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UNITED STATES V. NEW RIVER CO., 265 U. S. 533 (1924)

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U.S. Supreme Court

United States v. New River Co., 265 U.S. 533 (1924)

United States v. New River Company

Nos. 627 and 628

Argued April 24, 1924

Decided June 9, 1924

265 U.S. 533


An order of the Interstate Commerce Commission, in form dismissing a complaint of shippers but the effect of which was to require the observance of a rule of car distribution attacked in the proceedings as arbitrary, illegal, and unconstitutional held not a "negative" order (Procter & Gamble Co. v. United States, 225 U. S. 282, distinguished), and reviewable in the district court. P. 265 U. S. 539.

2. The courts cannot substitute their judgment for the findings and conclusions of the Commission made within the scope of its power to regulate the distribution of coal cars. P. 265 U. S. 541.

3. A rule fixing the number of cars distributable to coal mines in proportion to the daily capacity of each to produce held not arbitrary, unreasonable, or violative of due process as applied to mines served by more than one carrier. P. 265 U. S. 542.

293 F.4d 0 reversed.

Appeals from a final decree of the district court enjoining the enforcement of an order of the Interstate Commerce Commission respecting distribution of coal chanroblesvirtualawlibrary

Page 265 U. S. 534

cars. The suit was brought by the New River Company and other coal mine operators (appellees) against two railroad companies, the United States, and the Commission. Other coal operators intervened to defend the order. The United States and the Commission took one appeal, and the interveners another. The carrier defendants abstained.

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