North Dakota Ex Rel. Lemke v. Chicago & Northwestern Railway Co.
Supreme Court of the United States
IN EQUITY. Original suit in this court against the above named and four other railroad companies, to restrain them from applying an order of the Interstate Commerce Commission increasing intrastate rates in North Dakota until this court can review the decision of the Commission and pass upon cohstitutional questions concerning it.' Neither the United States nor the Interstate Commerce Commission is a necessary party to this suit, as no remedy is sought against either.
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IN EQUITY. Original suit in this court against the above named and four other railroad companies, to restrain them from applying an order of the Interstate Commerce Commission increasing intrastate rates in North Dakota until this court can review the decision of the Commission and pass upon cohstitutional questions concerning it.' Neither the United States nor the Interstate Commerce Commission is a necessary party to this suit, as no remedy is sought against either. A procedure prescribed for application in the District Courts can have no application to procedure to be observed in this…
1Opinion of the CourtJustice Holmes
delivered the. opinion of the court.
This is a bill in equity brought in this Court by the State of North Dakota against certain named railroad companies to prevent their applying an order of the Interstate Commerce Commission until this Court can review the decision upon which that order .was made. The order increased the intrastate rates in North Dakota upon a finding that the present rates were an unjust discrimination against interstate commerce within the meaning of paragraph 4 of § 13 of the Act to Regulate Commerce as amended by the Transportation Act of February 28, 1920, c. 91, Title…
2Cases cited5 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. SameSupreme Court of the United States · 1884
- Illinois Central Railroad v. State Public Utilities CommissionSupreme Court of the United States · 1918
- Oklahoma v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1911
- United States v. LouisianaSupreme Court of the United States · 1887
3Cited by22 opinions
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- Georgia v. Pennsylvania RailroadSupreme Court of the United States · 1945
- Washington National Insurance v. Board of Review of New Jersey Unemployment Compensation CommissionSupreme Court of New Jersey · 1949
- Texas v. Interstate Commerce CommissionSupreme Court of the United States · 1922
- Venner v. Michigan Central RailroadSupreme Court of the United States · 1926
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