Pennsylvania Public Utility Commission v. Pennsylvania Railroad

In the three-judge District Court from which this appeal comes to us, the Pennsylvania Railroad Company sued to enjoin the enforcement of a duly promulgated order of the Pennsylvania Public Utility Commission on the sole ground that the order conflicted with a federal statute. The Commission, among other defenses, con tended that the federal statute was unconstitutional, but the District Court decided the case in favor of the railroad and issued an appropriate injunction. 240 F. Supp. 233.

It follows from our recent decision in Swift & Co. v. Wickham, ante, p. 111, that the injunction sought…