Legal Opinion
United States v. Western Pacific Railroad Company, United States of America v. Denver & Rio Grande Western Railroad Company
Court of Appeals for the Tenth Circuit
Decided December 26, 1967No. 8855, 8856PublishedCited by 21 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
The United States brought separate actions under § 16(9) of the Interstate Commerce Act, 49 U.S.C. § 16(9), against the railroads to enforce forfeitures allegedly arising from the extension of credit for freight charges in violation of an order of the Interstate Commerce Commission. The trial court sustained the railroads’ motions to dismiss and the government has appealed.
On this appeal we are concerned with the interrelationship between § 3(2) and § 16(8) of the Interstate Commerce Act. Section 3(2) of the Interstate Commerce Act 1 *provides in material part:
“No…
2Cases cited5 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Jay v. BoydSupreme Court of the United States · 1956
- United States v. Shreveport Grain & Elevator Co.Supreme Court of the United States · 1932
- Jack W. Christner v. Poudre Valley Cooperative AssociationCourt of Appeals for the Tenth Circuit · 1956
- United States v. Zions Savings and Loan Association, a CorporationCourt of Appeals for the Tenth Circuit · 1963
3Cited by21 opinions
- Southern Pacific Transportation Co. v. Commercial Metals Co.Supreme Court of the United States · 1982
- Citizens to Save Spencer County v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1979
- Washington Gas Light Co. v. Public Service CommissionDistrict of Columbia Court of Appeals · 2009
- United States v. Bonnie Sue O'Brien and Paul O'BrienCourt of Appeals for the Tenth Circuit · 1982
- United States v. Willie Taw NewsomeCourt of Appeals for the Tenth Circuit · 1990
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