Legal Opinion
Brown Drug Co. v. United States
District Court, N.D. Iowa
Decided October 2, 1916No. 46PublishedCited by 2 opinions
Action by the Brown Drug Company and others against the United States of America, the Interstate Commerce Commission, the American .Express Company, and others, seeking to enjoin the putting into effect of certain express rates in South Dakota. On order to show cause why temporary injunction should not issue against defendants.
1Opinion of the Court
SMITH, Circuit Judge.
In this case the government and the Interstate Commerce Commission have entered a special appearance and plea to the jurisdiction to hear the application for a temporary writ of injunction. The Sixty-First Congress (Act March 3, 1911, c. 231, § 207, 36 8 tat. 1146, 1148 [Comp. St. 1913, § 993]) provided that:
“The Commerce Court shall have the jurisdiction possessed by Circuit Courts of the United States and the judges thereof immediately prior to June eighteenth, nineteen hundred and ten, over all cases of the following kinds: * * * Second. Cases brought to enjoin, set…
2Cases cited2 opinions
- Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
- Houston E. & W. T. Ry. Co. v. United StatesCommerce Court · 1913
3Cited by2 opinions
- Deatherage & Renfro v. StoreySupreme Court of Oklahoma · 1932
- Home Furniture Co. v. United StatesDistrict Court, W.D. Texas · 1924