Legal Opinion
United States v. Southern Railway Company
Court of Appeals for the Fifth Circuit
Decided September 22, 1966No. 22588_1PublishedCited by 37 opinions
1Opinion of the Court
KILKENNY, District Judge:
The United States appeals from a summary judgment entered against it in an action against appellee (Southern) under the provisions of 49 U.S.C. § 1(17). The appellant sought to recover penalties in connection with the appellee’s violations of an order promulgated by the Interstate Commerce Commission under the provisions of 49 U.S.C. § 1(15).
After filing of defensive pleadings and certain affidavits, each party moved for a summary judgment. The motion of Southern was allowed. The trial judge held: (1) that the order was procedurally invalid in declaring an emergency;…
2Cases cited28 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Yakus v. United StatesSupreme Court of the United States · 1944
- Flemming v. NestorSupreme Court of the United States · 1960
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
23 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Erco Industries Limited, a Corporation v. Seaboard Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1981
- District of Columbia v. Washington Home Ownership Council, Inc.District of Columbia Court of Appeals · 1980
- Tampa Phosphate Railroad Company v. Seaboard Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1970
- The Board of Trade of the City of Chicago v. Commodity Futures Trading CommissionCourt of Appeals for the Seventh Circuit · 1979
- City of Highland Park v. TrainDistrict Court, N.D. Illinois · 1974
32 more not listed; retrieve them via the Exa API.