Hines v. Henaghan
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Northern District of West Virginia, at Parkersburg; Alston G. Dayton, Judge. Suit in equity by James Henaghan and B. I. Hanlon, partners as Henaghan & Hanlon, and B. E. Roush, against Walker D. Hines, Di ■ rector General of Railroads, the Baltimore & Ohio Railroad Company, and Charles W. Van Horn, Superintendent. From an order granting preliminary injunction, defendants appeal.
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Appeal from the District Court of the United States for the Northern District of West Virginia, at Parkersburg; Alston G. Dayton, Judge. Suit in equity by James Henaghan and B. I. Hanlon, partners as Henaghan & Hanlon, and B. E. Roush, against Walker D. Hines, Di ■ rector General of Railroads, the Baltimore & Ohio Railroad Company, and Charles W. Van Horn, Superintendent. From an order granting preliminary injunction, defendants appeal. This suit was instituted in the District Court of the United States for the Northern District of West Virginia. It arose upon a bill in equity by Henaghan &…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). [1] It is insisted by appellants that appellees should in the first instance have applied for relief to the Interstate Commerce Commission or Public Service Commission of the state, and that, not having *834made such application, the appellees have no standing in court, and the bill should therefore be dismissed. It is conceded that the controversy includes interstate commerce. Such being the case, the Public Service Commission of the state of West Virginia is without jurisdiction. This proposition is so clear that we do not deem it 'necessary to enter into any…
2Cases cited6 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Chesapeake & Ohio Railway Co. v. Public Service CommissionSupreme Court of the United States · 1917
- Eastern R. Co. of NM v. LittlefieldSupreme Court of the United States · 1915
- Danciger v. WellsU.S. Circuit Court for the District of Western Missouri · 1907
- Chicago, R. I. & P. Ry. Co. v. Lawton Refining Co.Court of Appeals for the Eighth Circuit · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
- Moon v. HinesSupreme Court of Alabama · 1921
- Blevins v. HinesDistrict Court, W.D. Virginia · 1920
- Hines v. Atlantic Refining Co.Court of Appeals for the Fourth Circuit · 1920
- Moon v. HinesSupreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.