United States v. Southern Railway Company

SOBELOFF, Circuit Judge:

We are confronted in this appeal with an important question of administrative law concerning the procedure by which a dissatisfied carrier may challenge the validity of a regulation of the Interstate Commerce Commission. The District Court granted the defendant Southern Railway Company’s motion for summary judgment in the action brought by the United States to enforce statutory penalties for violation of car service orders issued by the Commission. 1 The basic issue is whether by invalidating the order in question the District Court exceeded its jurisdiction.

On…