El Dorado Oil Works v. United States

GOODMAN, District Judge.

Plaintiff’s bill of complaint, by which this three judge court is asked to annul and vacate a decision of the Interstate Commerce Commission, culminates a long process of litigation.

In 1933, plaintiff, a processor of cocoanut oil, contracted with General American Transportation Corporation, owner of private tank cars, to rent a fixed number of the latter’s tank cars at a stipulated monthly sum per car. By the agreement, the tank car company agreed to pay over to plaintiff, the excess, if any, of the mileage income it received from railroad carriers over and above the…