Legal Opinion

Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company v. Southern Railway Company

Court of Appeals for the Fifth Circuit

Decided March 3, 1961No. 18138_1PublishedCited by 16 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company sued the Southern Railway Corporation and two of its subsidiaries — The Alabama Great •Southern Railway Company and The Georgia Industrial Realty Company 1 — under Sections 8 and 9 of the Interstate Commerce Act. 2 49 U.S.C.A. § 8 and § 9. The complaint alleges that the defendants violated Sections 2, 3(1), and 6(7) of the Act. 3 49 U.S.C.A. §§ 2, 3 (1), 6 (7). These sections prohibit a railroad from giving “any undue or unreasonable” concession, such as a preference or…

2Cases cited30 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  3. Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
  4. Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
  5. Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910

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3Cited by16 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973
  2. United States v. Wallace Howard SmithCourt of Appeals for the Fifth Circuit · 1970
  3. Paul L. Tugwell v. A. F. Klaveness & CompanyCourt of Appeals for the Fifth Circuit · 1963
  4. Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
  5. Louise K. Schleunes v. American Casualty Company of Reading, Pa.Court of Appeals for the Fifth Circuit · 1976

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