Legal Opinion

Structural Steel & Forge Co. v. Union Pacific Railroad

Court of Appeals for the Tenth Circuit

Decided July 8, 1959No. 6080PublishedCited by 1 opinion

1Opinion of the Court

MURRAH, Circuit Judge.

This is an appeal from an order of the District Court enjoining appellants, Utah intrastate shippers, from prosecuting a state court class action against appellee railroads, to recover intrastate freight charges paid under an order of the Interstate Commerce Commission, which was *716ultimately vacated for further proceedings. See Public Service Commission of Utah v. United States, 356 U.S. 421, 78 S.Ct. 796, 2 L.Ed.2d 886.

The challenged stay order was entered in a removed action by other shippers similarly situated but with separate and distinct claims. As a stay of state…

2Cases cited17 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. United States v. MorganSupreme Court of the United States · 1941
  4. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  5. Amalgamated Clothing Workers v. Richman Bros.Supreme Court of the United States · 1955

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3Cited by1 opinion

  1. Structural Steel And Forge Company v. Union Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1959

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