Southern Pac. Co. v. Arlington Heights Fruit Co.
Court of Appeals for the Ninth Circuit
Appeal from tlie Circuit Court of the United States for the Southern Division of the Southern District of California. Suit in equity by the Arlington Heights Fruit Company and others against the Southern Pacific Company and others. From an order granting a temporary injunction (175 Fed. 141), defendants appeal.
Read the full summary
Appeal from tlie Circuit Court of the United States for the Southern Division of the Southern District of California. Suit in equity by the Arlington Heights Fruit Company and others against the Southern Pacific Company and others. From an order granting a temporary injunction (175 Fed. 141), defendants appeal. This is a suit instituted November 9, 1909, for injunctive relief, temporary in character, until the Interstate Commerce Commission shall have determined whether in point of fact a freight rate which the appellants propose to establish for the transportation of lemons from the Southern…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The appellants make three contentions: First. That the Circuit Court was without jurisdiction of the parties ^defendant, because the suit was not instituted in the districts, respectively, of which they were citizens and inhabitants. This proceeds upon the ground that the suit was not one founded upon' diversity of citizenship only, but upon the further ground, as well, that a federal question is involved. Second. That the court was without power to determine as to the reasonableness or unreasonableness of a rate in advance of a determination of that…
2Cases cited16 opinions
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Harkness v. HydeSupreme Court of the United States · 1879
- In Re MooreSupreme Court of the United States · 1908
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. Ensign-Bickford Co.Court of Appeals for the Eighth Circuit · 1944
- Venner v. Pennsylvania Steel Co.District Court, D. New Jersey · 1918
- Armstrong v. LangmuirCourt of Appeals for the Second Circuit · 1925
- Mississippi Valley Trust Co. v. Railway Steel Spring Co.Court of Appeals for the Eighth Circuit · 1919
- Bacon v. Federal Reserve BankDistrict Court, E.D. Washington · 1923
4 more not listed; retrieve them via the Exa API.