Lehigh Valley R. v. Public Service Commission
District Court, N.D. New York
In Equity. Separate suits by the Lehigh Valley Railroad Company, by the Lehigh & Hudson River Railroad Company, by the New York, Ontario & Western Railway Company, by the Erie Railroad Company, by the New Jersey & New York Railroad Company, by the Delaware, Lackawanna & Western Railroad Company, and by the Delaware & Hudson Company, railroad carriers, against the Public Service Commission, Second District, of the State of New York, and others.
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In Equity. Separate suits by the Lehigh Valley Railroad Company, by the Lehigh & Hudson River Railroad Company, by the New York, Ontario & Western Railway Company, by the Erie Railroad Company, by the New Jersey & New York Railroad Company, by the Delaware, Lackawanna & Western Railroad Company, and by the Delaware & Hudson Company, railroad carriers, against the Public Service Commission, Second District, of the State of New York, and others. Suit by the State of New York and another against the United States and the members of the Interstate Commerce Commission. On motions by complainants…
1Opinion of the CourtManton, Circuit Judge
(after stating the facts as above). [1] The question presented in these cases is whether Transportation Act 1920 (41 Stat. 456) § 416, amending Interstate Commerce Act, § 13 (Comp. St. § 8581), in so far as it permits the Interstate Commerce Commission to fix the rates and fares for the intrastate traffic on interstate railroads in the state of New York, is constitutional. The act provides :
“See. 13 (3). Whenever in any investigation under the provisions of this act, or in any investigation instituted upon petition of the carrier concerned, which petition is hereby authorized to be filed,…
2Cases cited10 opinions
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
- Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Skinner & Eddy Corp. v. United StatesSupreme Court of the United States · 1919
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3Cited by4 opinions
- Frischer & Co. v. Bakelite CorporationCourt of Customs and Patent Appeals · 1930
- City of New Yokk v. United StatesDistrict Court, E.D. New York · 1921
- Transit Commission v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Frischer & Co. v. Bakelite CorporationCourt of Customs and Patent Appeals · 1930