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NORFOLK & WESTERN RAILWAY CO. V. UNITED STATES, 287 U. S. 134 (1932)

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U.S. Supreme Court

Norfolk & Western Railway Co. v. United States, 287 U.S. 134 (1932)

Norfolk & Western Railway Co. v. United States

No. 18

Argued October 19, 1932

Decided November 7, 1932

287 U.S. 134

Syllabus

1. An order of the Interstate Commerce Commission requiring a railroad to carry its coal mining properties in its accounts as property not used in the service of transportation, although the mines were acquired, and are used, solely for the purpose of supplying fuel for locomotives, was within the authority of the Commission, and not subject to review by the courts. P. 287 U. S. 141.

[Footnote 2]

2. The order does not operate as a denial of due process by filing an unfair and improper rate base or basis of recapture, since it affects merely the accounting practice of the carrier. P. 287 U. S. 141.

3. There is no right to a particular form of accounting as such, and the action of the Commission was not an abuse of power. P. 287 U. S. 143.

4. The order was not an arbitrary and unwarranted interference with the managerial discretion of executives of the company. Id.

5. A carrier is not entitled to relief here from part of an order requiring that charges in its accounts for coal produced in its mines for transportation operations shall be upon the basis of the average monthly cost of production when the Commission has indicated its willingness to reopen the case and give further consideration to this question. P. 287 U. S. 143.

52 F.2d 967 affirmed.

Appeal from a decree of a District Court of three judges dismissing a petition to enjoin the enforcement of an order of the Interstate Commerce Commission. chanroblesvirtualawlibrary

Page 287 U. S. 137





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