Delaware & Hudson Co. v. United States

The unusual nature of this application requires brief explanation. Section 19a of the Interstate Commerce Act plainly puts the burden on the Commission of producing what is called a “tentative valuation.” Such valuation is without any probative effect per se; no proceedings can be based thereupon, and it is no more than a preliminary opinion expressed by the Commission. We think the so-called “tentative valuation” is properly described as an ex parte appraisement. To be sure, this “tentative valuation” becomes final, if a protest be not filed within 30 days.

Petitioners have filed such…