Union Pac. Ry. Co. v. United States
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District, of [Nebraska. In Equity. Bill by the United States against, the Union Pacific Kailway Company and the Western Union Telegraph Company to cancel a contract whereby the telegraphic franchises of the railroad company were transferred to the telegraph company, and to compel the railroad company to exercise such franchises directly through its own .officers and employes.
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Appeal from the Circuit Court of the United States for the District, of [Nebraska. In Equity. Bill by the United States against, the Union Pacific Kailway Company and the Western Union Telegraph Company to cancel a contract whereby the telegraphic franchises of the railroad company were transferred to the telegraph company, and to compel the railroad company to exercise such franchises directly through its own .officers and employes. Complainant obtained a decree from the circuit court for the district of [Nebraska, (50 Fed. 28,) but upon appeal the case was reversed, and the cause remanded…
1Opinion of the CourtThayer, District Judge
The chief question to be considered on this appeal is whether the United States is entitled to have the contract of July 1, 1881, between the Union Pacific Railway Company and the Western Union Telegraph Company, canceled and annulled, either because it was originally illegal and beyond the jiower of the Union Pacific Railway Company, or because its provisions are now repugnant to the act of August 7, 1888, (25 Stat. 382.) Subordinate to this general inquiry are the questions whether the contract of October 1, 1866, between the Western Union Telegraph Company and the Kansas Pacific Railway…
2Cases cited9 opinions
- Pulllman's Palace Car Co. v. Missouri Pacific Railway Co.Supreme Court of the United States · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- United States v. Union Pacific R. Co.Supreme Court of the United States · 1879
- Western Union Telegraph Co. v. American Union Telegraph Co.Supreme Court of Georgia · 1880
- Western Union Telegraph Co. v. Union Pacific Railway Co.United States Circuit Court · 1880
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3Cited by2 opinions
- Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912
- Pacific Telephone & Telegraph Co. v. AndersonDistrict Court, E.D. Washington · 1912