United States v. Idaho, 298 U.S. 105 (1936)

U.S. Supreme Court, (April 27, 1936)

Docket number: 420

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  • U.S. Supreme Court - United States v. Idaho, 298 U.S. 105 (1936)
  • U.S. Court of Appeals for the 5th Cir. - Louisiana and Arkansas Railway Company, Plaintiff-Appellant, v. Missouri Pacific Railroad Company Et Al., Defendants-Appellees., 415 F.2d 751 (5th Cir. 1969)
  • U.S. Court of Appeals for the 6th Cir. - Interstate Commerce Commission, Plaintiff-Appellee, and City of Memphis, Tennessee, and Railway Labor Executives' Association, Intervenor-Plaintiffs-Appellees, v. Memphis Union Station Company, Missouri Pacific Railroad Company, Unionrailway Company, Louisville and Nashville Railroad Company, Illinois Centralrailroad Company, St. Louis Southwestern Railway Company, Southern Railwaycompany, Defendants-Appellants., 360 F.2d 44 (6th Cir. 1966)
  • U.S. Court of Appeals for the 7th Cir. - Illinois Commerce Commission, Village of Cary, C. Franke & Company, Inc., and Patrick W. Simmons, Petitioners, v. United States of America and Interstate Commerce Commission, Respondents. Chicago and North Western Transportation Company, Intervening Respondent., 779 F.2d 1270 (7th Cir. 1985)
  • U.S. Court of Appeals for the 3rd Cir. - James E. Hughes and Linda L. Hughes, Appellant, v. Consol-Pennsylvania Coal Company, a Corporation, Rhein Braun U.S., a Corporation, Monongahela Railway Company, a Corporation, William Reese, an Individual, David Boggs, an Individual, Ewing Pollock, an Individual, and the Law Firm of Pollock, Pollock and Thomas, the Upshur Agency, Inc., Consolidated Coal Co., Consol-Land Development Co., Maria Theresia Bergbaugesellschaft Mbh & Rheinische Braunkohlenwerke. Dorothy Loughman, Appellant, v. Consol-Pennsylvania Coal Company, a Corporation, Rhein Braun U.S., a Corporation, Monongahela Railway Company, a Corporation, James Leach, an Individual, David Boggs, an Individual, Ewing Pollock, an Individual, and the Law Firm of Pollock, Pollock and Thomas, the Upshur Agency, Inc., Consolidated Coal Company, Consol-Land Development Company, Rheinbraun Verkaufsgesellschaft, Mblt, and Maria Therese Verkaufsgesellschaft, Maria Theresia Bergbaugesellschaft, Mbh & Rheinische Braunkohlenwerke. Paul H. Kent and Mabel ..., 945 F.2d 594 (3rd Cir. 1991)

    • Text:

    U.S. Supreme Court UNITED STATES v. STATE OF IDAHO, 298 U.S. 105 (1936)

    [Page 298 U.S. 105, 110]

    Court Act, June 18, 1910, c. 309, 3, 36 Stat. 539, 542 (now Jud.Code 208, 28 U.S.C.A. 46), Urgent Deficiencies Act, October 22, 1913, c. 32, 38 Stat. 208, 219. Here, the jurisdiction of that Commission was challenged. It and the Oregon Short Line were joined as defendants in the original bill. Paragraph 20 of section 1 of the Interstate Commerce Act, as amended (49 U.S.C.A. 1(20) authorizes any party in interest to apply to 'any court of competent jurisdiction' to enjoin an unauthorized abandonment; and if, on such application, Talbot branch should be held to be a spur, it could not be abandoned legally without the consent of the Public Utilities Commission of Idaho. It is only because the plaintiffs sought also to have the order of the Interstate Commerce Commission annulled (compare Texas & Pacific Ry. Co. v. Gulf, Colorado & Santa Fe Ry. Co., , 271-274, 46 S.Ct. 263), that the case was one for three judges and could be brought here by direct appeal under the Act of October 22, 1913, c. 32, 38 Stat. 208, 220 (28 U.S.C.A. 47).

    Affirmed.


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