Legal Opinion
Tampa Phosphate Railroad Company v. Seaboard Coast Line Railroad Company
Court of Appeals for the Fifth Circuit
Decided February 24, 1970No. 26424_1PublishedCited by 36 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge.
This case involves the right of a company to condemn lands in furtherance of its railroading ambitions after it has been denied a certificate of public convenience and necessity by the Interstate Commerce Commission. We must decide whether a federal district court has the *390power under 49 U.S.C.A. § 1(20)1 to issue an injunction against condemnation proceedings in state courts that are said to violate § 1(18) of the Interstate Commerce Act.2 We also find it necessary to consider what defenses, if any, may be asserted in opposition to the alleged violation.
The history of…
2Cases cited67 opinions
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Stoll v. GottliebSupreme Court of the United States · 1938
- Bowles v. WillinghamSupreme Court of the United States · 1944
- Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
62 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
- Thomas A. Donelon, Charles J. Eagan, Jr. v. New Orleans Terminal Company and Federal Railroad Administration of the Department of TransportationCourt of Appeals for the Fifth Circuit · 1973
- William E. Sewell v. The Grand Lodge of the International Association of MacHinists and Aerospace WorkersCourt of Appeals for the Fifth Circuit · 1971
- International Association of MacHinists & Aerospace Workers v. Franklin W. NixCourt of Appeals for the Fifth Circuit · 1975
- Safir v. GibsonCourt of Appeals for the Second Circuit · 1970
31 more not listed; retrieve them via the Exa API.