Legal Opinion

United States v. Southern Railway Co.

District Court, D. South Carolina

Decided February 18, 1966No. Civ. A. No. 4723PublishedCited by 7 opinions

1Opinion of the Court

HEMPHILL, District Judge.

Plaintiff United States seeks civil penalties against Southern Railway Company under the provisions of Section 1 (17) of the Interstate Commerce Act, 49 U.S.C. § 1(17). The Complaint charges that Southern violated Service Order No. 9471 on twenty occasions between January 21 and March 1, 1964, in the vicinity of Greenville, South Carolina. Prayed for is the statutory maximum civil penalty of $500.00 for each violation alleged. Both parties have moved for Summary Judgment pursuant to Rule 56, Federal Rules of Civil Procedure.

The Complaint charges defendant’s delay, in…

2Cases cited28 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  4. Yakus v. United StatesSupreme Court of the United States · 1944
  5. Flemming v. NestorSupreme Court of the United States · 1960

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3Cited by7 opinions

  1. United States v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1966
  2. Jeannette Rankin Brigade v. Chief of the Capitol PoliceCourt of Appeals for the D.C. Circuit · 1969
  3. Aluminum Company of America v. Admiral Merchants Motor Freight, Inc.Court of Appeals for the Seventh Circuit · 1973
  4. United States v. Southern Railway CompanyCourt of Appeals for the Fourth Circuit · 1967
  5. United States v. Lake Shore Motor Freight Co.District Court, N.D. Ohio · 1973

2 more not listed; retrieve them via the Exa API.

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