Sherman Minton

“ We have repeatedly sustained the Commission in its application of Ex parte 104 principles to particular plants where it has prohibited the performance of services beyond the point fixed under a line-haul rate. ”

“ The Commission's designation of the convenient delivery points at each of these plants must be sustained.
The contention of appellees is that there are now in effect tariffs that compensate for line-haul and plant services. These tariffs will be separately discussed below. Appellees urge that the carriers cannot be guilty of violating § 6 (7) when they are fully compensated for carrier services in line-haul and plant services beyond that, since the smelters do not then receive a preferential service not accorded to shippers generally. ”

“ The appellants might have appealed, but they were not bound to. We think that it requires a final judgment to sustain the application of the rule of the law of the case just as it does for the kindred rule of res judicata. ”

“ United States v. American Sheet & Tin Plate Co., 301 U.S. 402, 408, 409, 57 S.Ct. 804, 807, 808, 81 L.Ed. 1186.↑ An 'uninterrupted movement' is defined in the tariff as 'one continuous movement of switching locomotive and crew without interruption, resulting from orders from, or requirements of, the smelter.' 266 I.C.C. at 353-354.↑ This tariff is almost identical with that which was applicable to all of the plants in 1920. The smelters, we are informed, pay the 1938 tariff under protest, and insist upon the 1920 tariff. ”