United States v. Trans-Missouri Freight Ass'n
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. Statement by SANBORN, Circuit Judge: This is an appeal from a decree of the circuit court dismissing a bill brought by the United States against the Trans-Missouri Freight Association and 18 railroad companies, under the provisions of the act of congress of July 2, 1890, entitled “An act to protect trade and commerce against unlawful restraints and monopolies,” commonly known as the “Sherman…
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Appeal from the Circuit Court of the United States for the District of Kansas. Statement by SANBORN, Circuit Judge: This is an appeal from a decree of the circuit court dismissing a bill brought by the United States against the Trans-Missouri Freight Association and 18 railroad companies, under the provisions of the act of congress of July 2, 1890, entitled “An act to protect trade and commerce against unlawful restraints and monopolies,” commonly known as the “Sherman Anti-Trust Act,” (26 Stat. 209, c. 647; Rev. St. Supp. 762,) to dissolve the association, and enjoin the railroad companies…
1Opinion of the CourtSanborn, Circuit Judge
Contracts between competing corporations, commonly tenued “pooling contracts,” to- divide their earnings from the transportation of freight in fixed proportions, have long been held void by the courts as against public policy. Such contracts do not simply restrict competition, they tend to destroy it; and, if they do not effect that result, it is only because they do not completely accomplish their *66main purpose. When acting independently, the spur of self-interest drives each corporation to furnish the people with the best accommodations and the safest and most rapid transportation at the…
2Cases cited42 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
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- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
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3Cited by42 opinions
- United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945
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- United States v. California Coöperative CanneriesSupreme Court of the United States · 1929
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
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