In the 1924 case of The Delaware and Hudson Company et al. v. United States and Interstate Commerce Commission, the Supreme Court was asked to determine whether a railroad company could be compelled by the Interstate Commerce Commission (ICC) to provide coal cars for private shippers when it had its own mining operations that also required these cars. The Delaware & Hudson Company argued that this requirement would interfere with their ability to conduct business effectively as they were unable to meet both demands due to limited resources. However, the ICC insisted on equal treatment for all shippers under federal law governing interstate commerce. The Supreme Court ruled in favor of the ICC, stating that railroads engaged in interstate commerce must treat all customers equally regardless of any other business interests they may have. This decision upheld principles of fairness and non-discrimination within U.S commercial regulations.

In the dissenting opinion for The Delaware and Hudson Company et al. v. United States And Interstate Commerce Commission, it was argued that the majority's decision to uphold an order by the Interstate Commerce Commission (ICC) requiring railroads to provide coal cars on a pro rata basis during times of shortage was incorrect. The dissenters believed this ruling violated principles of fairness and due process because it forced private companies to share their property without compensation or consent, which they saw as unconstitutional under the Fifth Amendment. They also disagreed with how broadly the ICC's regulatory powers were interpreted in this case, arguing that such expansive authority could lead to government overreach and undermine free market competition.