Legal Opinion

Chicago & North Western Transportation Co. v. United States

Court of Appeals for the Seventh Circuit

Decided April 21, 1978No. 77-1245PublishedCited by 10 opinions

1Opinion of the Court

TONE, Circuit Judge.

The petitioning railroads ask us to set aside an order of the Interstate Commerce Commission finding them to have exacted freight rates that violated § 2 of the Interstate Commerce Act, 49 U.S.C. § 2, and ordering reparations in the amount of $66,-886.78, plus interest, to be paid to the intervening respondent. We affirm on the ground that the issues presented were decided by a federal court of coordinate status in an earlier appeal in this same case, A. Lindberg & Sons, Inc. v. United States, 408 F.Supp. 1032 (W.D.Mich.1976) (3-judge court), and, therefore, the doctrine…

2Cases cited30 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Hoffman v. BlaskiSupreme Court of the United States · 1960
  4. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  5. White v. MurthaCourt of Appeals for the Fifth Circuit · 1967

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3Cited by10 opinions

  1. Parts and Electric Motors, Inc., an Illinois Corporation v. Sterling Electric, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1989
  2. Ernestine KEY, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1991
  3. Pagano v. Board of EducationConnecticut Appellate Court · 1985
  4. BUTLER LIME AND CEMENT CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, RespondentCourt of Appeals for the Seventh Circuit · 1981
  5. Pincus v. Pabst Brewing Co.District Court, E.D. Wisconsin · 1990

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