Legal Opinion
Interstate Commerce Commission v. Atlantic Coast Line R. Co.
Court of Appeals for the Fifth Circuit
Decided July 8, 1964No. 20485_1PublishedCited by 4 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The question in this case — arising for the first time in the 75-year operation of the Interstate Commerce Act — is whether a carrier may sue to set aside a reparation award of the Commission under § 16 (1) by a suit under § 17(9), 28 U.S.C.A. §§ 1336, 1398, 2321-2323, or must confine its challenge as a defense in the Shipper’s suit when, where and as brought under § 16(2). The District Court upheld the right. The ICC, joined by an array of shipper interest's, spiritedly challenges the holding. We think the attack is unavailing and affirm.
The facts are very…
2Cases cited20 opinions
- Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
- Columbia Broadcasting System, Inc. v. United StatesSupreme Court of the United States · 1942
- United States v. Storer Broadcasting Co.Supreme Court of the United States · 1956
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- United States v. Interstate Commerce CommissionSupreme Court of the United States · 1949
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3Cited by4 opinions
- Interstate Commerce Commission v. Atlantic Coast Line R.Supreme Court of the United States · 1966
- ELGIN, JOLIET AND EASTERN RAILWAY CO. v. Benj. Harris & Co.District Court, N.D. Illinois · 1965
- Thomson Phosphate Co. v. Atlantic Coast Line R. Co.District Court, S.D. New York · 1968
- Central Vermont Railway, Inc. v. United StatesDistrict Court, D. Vermont · 1966