and sixty-five cents ($4,966.65) as set out in Finding IV and the sums of ten thousand eight hundred eighty-eight dollars and six cents ($10,888.06) and nine hundred ninety-eight dollars and eighty-eight cents ($998.88) as set out in Finding VII, in all the sum of sixteen thousand eight hundred fifty-three dollars and fifty-nine cents ($16,853.59), and it is ordered that the plaintiff recover of and from the defendant the said sum of sixteen thousand eight hundred fifty-three dollars and fiftynine cents ($16,853.59), and that the petition otherwise be dismissed.

INTERSTATE COMMERCE FORMS

Forms for use before Interstate Commerce Commission prepared by the Commission.

APPROVED FORMS.

These forms may be used in cases to which they are applicable, with such alterations as the circumstances may render necessary.

The complaint of the above-named complainant- respectfully shows: I. That [complainant or complainants should here state nature and place of business, also whether a corporation, firm, or partnership, and if a firm or partnership. the individual names of the parties composing the same.]

II. That the defendant- above named is a/are common carrier- engaged in the transportation of [passengers and] property, wholly by railroad [or. partly by railroad and partly by water], between points in the State of and points in the State and as such common carrier

is/are subject to the provisions of the interstate commerce act.

III. That [state in this and subsequent paragraphs to be numbered IV, V, etc., the matter or matters intended to be complained of, naming every rate, fare, charge, classification, regulation, or practice the lawfulness of which is challenged, and also, if practicable, each point of origin and point of destination between which the rates, etc., complained of are applied. Where it is impracticable to designate each point, defined territorial or rate groups and typical points should be designated. Whenever practicable tariff references should be given. See rule III.

Where unlawful discrimination is charged, the facts constituting the

basis of the charge should be clearly stated; that is, if the unlawful dis crimination be under section 2, the person or persons claimed to be favored and the person or persons claimed to be injured should be named, and the kind of service and kind of traffic, together with the claimed similarity of circumstances and conditions of transportation, should be set forth. See rule III(1). If the discrimination be under section 3, the particular persons, company, firm, corporation, locality, or traffic claimed to be accorded undue or unreasonable preference or advantage, or subjected to undue or unreasonable prejudice or disadvantage, should be stated. See rule III(m). If the discrimination be under section 4, the particular provision of the section claimed to be violated-that is, whether the long-and-shorthaul provision or the aggregate of intermediate rates provision—as well as the facts constituting such violation, should be stated. See rule III(o).]

X. That by reason of the facts stated in the foregoing paragraphs complainant- has/have been subjected to the payment of rates [fares or charges, etc.] for transportation which were when exacted and still are (1) unjust and unreasonable in violation of section 1 of the interstate commerce act, and/or (2) unjustly discriminatory in violation of section 2, and/or (3) unduly preferential or prejudicial in violation of section 3, and/or (4) in violation of the long-and short-haul [or, aggregate of intermediate rates] provision of section 4 thereof. [Use one or more of the allegations numbered 1, 2, 3, 4, according to the facts as intended to be charged.] That complainant- has/have been injured thereby to his/their damage in the sum dollars.

of

Where complainant- pray- that defendant- may be [severally] required to answer the charges herein; that after due hearing and investigation an order be made commanding said defendant- [and each of them] to cease and desist from the aforesaid violations of said act, and establish and put in force and apply in future to the transportation of between the origin and destination points named in paragraph hereof, in lieu

of the rates [fares, or charges, etc.] named in said paragraph, such other rates [fares, or charges, etc.] as the Commission may deem reasonable and just [and also pay to complainant- by way of reparation for the unlawful charges herein before alleged the sum of or other sum as, in view

of the evidence to be adduced herein, the Commission shall determine that complainant is/are entitled to as an award of damages under the provisions of said act for violation thereof], and that such other and further order or orders be made as the Commission may consider proper in the premises.

The above-named defendant-, for answer to the complaint in this proceeding, respectfully state-:

I. [Here follow appropriate and responsive admissions, denials, and averments, answering the complaint, paragraph by paragraph.]

Wherefore defendant- pray- that the complaint in this proceeding be dismissed.

represent that he has/they have an interest in the matters in controversy in the above-entitled proceeding and desire to intervene in and become a party/parties to said proceeding, and for grounds of the proposed intervention say-:

I. That [Petitioner or petitioners should here state nature and place of business, and whether a corporation, firm, or partnership, etc., as in form No. 1.]

II. [Petitioner or petitioners should here set out specifically his/their position and interest in the above-entitled proceeding in accordance with rule II (e).]

Wherefore said pray leave to intervene and be treated as a party/parties hereto with the right to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard in person or by counsel upon brief and at the oral argument, if oral argument is granted.

Come now the complainant- [or defendant-] in the above-entitled proceeding and respectfully petition- the Commission to grant a rehearing [or reargument] therein, and in support of said petition respectfully show-:

I. [Here set out specifically the matters claimed to be erroneously decided, with a brief statement of the alleged errors, in conformity with rule XV of the rules of practice.]

Wherefore petitioner- pray that a rehearing [or reargument] be granted in the above-entitled case and that the Commission enter such further order or orders in the premises as to it may seem reasonable and just.

Dated at

[Petitioner's signature.]

[Office and P. O. address.]

[Attorney's signature.]

[Office and P. O. address.]