Legal Opinion

Kansas City Terminal Railway Co. v. Pabst Brewing Co.

District Court, C.D. Illinois

Decided February 15, 1983No. Nos. 82-1234, 82-1230PublishedCited by 1 opinion

1Opinion of the Court

ORDER

MIHM, District Judge.

These two suits, consolidated for purposes of the hearing on the motion to dismiss for lack of jurisdiction, involve simple collection actions for unpaid rail freight charges in amounts under $10,000. The sole issue raised by the motion is whether the Court has jurisdiction of these actions under 28 U.S.C. § 1337(a).1

In Louisville & Nashville R.R. Co. v. Rice, 247 U.S. 201, 202, 38 S.Ct. 429, 62 L.Ed. 1071 (1918), the Supreme Court held that an action for the collection of unpaid rail freight charges “arises under” the Interstate Commerce Act. Therefore, the District…

2Cases cited9 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
  3. Shulthis v. McDougalSupreme Court of the United States · 1912
  4. Louisville & Nashville Railroad v. RiceSupreme Court of the United States · 1918
  5. City National Bank v. EdmistenCourt of Appeals for the Fourth Circuit · 1982

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3Cited by1 opinion

  1. Kansas City Terminal Railway Company, Interstate Commerce Commission, Intervening v. Jordon Manufacturing CompanyCourt of Appeals for the Seventh Circuit · 1984

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