United States et al. v. United States Smelting Refining & Mining Co. et al. (339 U.S. 186)

U.S. Supreme Court · decided March 27, 1950 · Supreme Court Database (Spaeth)

Citation
339 U.S. 186 · 70 S. Ct. 537
Decided
March 27, 1950
Term
October Term 1949
Vote
6–1
Majority author
Justice Minton
Issue area
Judicial Power
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Mr. Justice Minton delivered the opinion of the Court. The Interstate Commerce Commission instituted the proceedings leading to the orders here involved as its Seventy-fifth and Seventy-sixth Supplemental Reports to Ex parte 10/+, Practices of Carriers Affecting Operating Revenues or Expenses, Part II, Terminal Services, 209 I. C. C. 11. The proceedings concerned the switching and spotting services rendered by appellee-carriers at the Garfield and Murray, Utah, and Leadville, Colorado, plants of the American Smelting Company, and the Mid-vale, Utah, plant of the United States Smelting Company. Extensive hearings were held in these supplemental proceedings for the purpose of determining the respective points at which the carriers’ line-haul transportation service ended and the extent of the service the carriers might render in the discharge of their obligation to deliver the freight at these four plants. It will not be necessary to detail the physical characteristics of each of the plants involved here. Each has a receiving yard or interchange tracks upon which incoming and outgoing freight is switched. Beyond the interchange tracks switching services are numerous and extensive within the plants. The Garfield plant may be described as indicative of the situation at all the plants. There, frozen ore is handled in six distinct movements. A large amount of intraplant switching is…

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