Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Interstate Commerce Commission

Commerce Court

Decided July 20, 1911PublishedCited by 6 opinions

Mack, Judge, dissenting. Bill by the Atchison, Topeka & Santa Fé Railway. Company and others against the Interstate Commerce Commission and another. On motion for a temporary in junction against the enforcement of ah order of the Interstate Commerce Commission, prohibiting a charge for switching service on cars delivered on industry tracks.

1Opinion of the Court

GARLAND, Judge.

This case has been submitted upon a motion for a temporary injunction made by the petitioners, and upon a motion to dismiss made by the United States and the Interstate Commerce Commission. The motion to dismiss is made by virtue of the provisions of section 1 of the act to create a Commerce Court (Act June 18, 1910, c. 309, 36 Stat. 539), which allows such a motion to be made where it is claimed the petition does not set forth a cause of action. As determinative of these motions, our view is necessarily limited to the facts which are well pleaded in the petition. These facts,…

Also in this document: Dissent.

2Cases cited12 opinions

  1. Interstate Commerce Commission v. Illinois Central RailroadSupreme Court of the United States · 1910
  2. Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910
  3. Interstate Comm. Comm. v. Ill. Cent. RRSupreme Court of the United States · 1910
  4. Interstate Commerce Commission v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1911
  5. Interstate Commerce Commission v. StickneySupreme Court of the United States · 1909

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Burton v. Wabash Railway Co.Supreme Court of Missouri · 1933
  2. Schanen-Blair Co. v. Southern Pac. Co.Oregon Supreme Court · 1913
  3. Louisville & N. R. v. United StatesCommerce Court · 1912
  4. American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924
  5. State v. ParshleySupreme Judicial Court of Maine · 1911

1 more not listed; retrieve them via the Exa API.

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