Missouri Pacific Railway Co. v. United States
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The original bill of complaint in this cause was filed on behalf of the United States against the present appellant in the Circuit Court of the United States for the second division of the District of Kansas on July 26, 1893. To the bill a demurrer was filed and overruled. 65 Fed. Rep. 903. Subsequently exceptions were sustained to an answer, and thereafter an amended answer and a replication were filed.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The original bill of complaint in this cause was filed on behalf of the United States against the present appellant in the Circuit Court of the United States for the second division of the District of Kansas on July 26, 1893. To the bill a demurrer was filed and overruled. 65 Fed. Rep. 903. Subsequently exceptions were sustained to an answer, and thereafter an amended answer and a replication were filed. The questions now presented for decision, however, were raised, by an amended bill filed-on July 19, 1897. In such amended…
1Opinion of the CourtJustice White
The violation of the act to regulate commerce, complained of in the amended bill, was an asserted discrimination between localities by a common carrier subject to the act, averred to operate an unjust' preference or advantage to one locality over another. The right to bring the suit was expressly rested upon a request made by the Interstate Commerce Commission to do so, in order to compel compliance with the provisions- of the act to regulate commerce relating to the matters complained of in the bill.
Bearing in mind that, prior to the request of the commission upon which the suit was brought,…
2Cases cited4 opinions
- In Re DebsSupreme Court of the United States · 1895
- Interstate Commerce Commission v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892
- East Tennessee, Virginia & Georgia Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1901
- Johnson v. Pensacola & Perdido RailroadSupreme Court of Florida · 1878
3Cited by9 opinions
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1908
- United States v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1905
- Pan American Petroleum Corporation v. GibbonsDistrict Court, D. Utah · 1958
- Silurian Oil Co. v. EssleyCourt of Appeals for the Tenth Circuit · 1931
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1906
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