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UNITED STATES V. U.S. SMELTING CO., 339 U. S. 186 (1950)

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U.S. Supreme Court

United States v. U.S. Smelting Co., 339 U.S. 186 (1950)

United States v. United States Smelting Refining & Mining Co.

No. 173

Argued February 13-14, 1950

Decided March 27, 1950

339 U.S. 186

Syllabus

1. The Interstate Commerce Commission has the power under the Interstate Commerce Act to fix the point at which line-haul or carrier transportation service begins and ends. Pp. 339 U. S. 190, 339 U. S. 193, 339 U. S. 197.

2. The convenient points at which line-haul or carrier transportation service begins and ends are questions of fact to be determined by the Commission, and its findings on those questions will not be disturbed by the courts if supported by substantial evidence. P. 339 U. S. 193.

3. In this proceeding, the Commission's determination of the points at which line-haul or carrier transportation service begins and ends at the smelting companies' plants is supported by substantial evidence, and must be sustained. Pp. 339 U. S. 188-194.

4. When the Commission has determined the point at which line-haul or carrier transportation service begins and ends at a particular plant, the line-haul charge thereafter must be to that point, and not to a further point fixed in a carrier tariff, since transportation to the latter point at the line-haul rate would be preferential, and would violate § 6(7) of the Interstate Commerce Act. Pp. 339 U. S. 194-197.

5. The contention that to require the carriers to conform to the Commission's orders in this case would require the smelting companies to pay twice for their services misconceives the scope of this proceeding, which was solely to define what is embraced in line-haul transportation, and not to determine whether the charge made for the service was compensatory. Pp. 339 U. S. 197-198.

6. The Commission has authority to exclude rate questions from this proceeding. P. 339 U. S. 198.

7. The fact that there was no appeal from an earlier judgment of the District Court granting a temporary injunction and remanding the case to the Commission (the court having found that there was no evidence to sustain a Commission finding that the line-haul rates were not compensatory for the services rendered) does not chanroblesvirtualawlibrary

Page 339 U. S. 187

require that the judgment here appealed from be affirmed under the rule of "law of the case," since the earlier judgment was not a final judgment. Pp. 339 U. S. 198-199.

Reversed.

In a suit to enjoin the enforcement of orders of the Interstate Commerce Commission, the District Court held the orders unlawful and permanently enjoined their enforcement. On direct appeal to this Court, reversed, p. 339 U. S. 199. chanroblesvirtualawlibrary

Page 339 U. S. 188





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