ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, PETITIONER,

v.

LEWELLEN BROTHERS

Citator

Cited By

• United States v. The City OF Miami, 664 F.2d 435 (5th Cir. 1981)
  …es in the briefs and the record are sufficient to call our attention to the ordinance. See In re Bacon, 193 F. 34, 36-37 (5th Cir.) (quoting Bluthenthal v. Jones, 208 U.S. 64, 64-65, 28 S.Ct. 192, 192-93, 52 L.Ed. 390, 390-391 (1908)), cert. denied, 225 U.S. 701, 32 S.Ct. 836, 56 L.Ed. 1264 (1912); O’Neill v. United States, 411 F. 2d 139, 144 (3d Cir. 1969); Ginsberg v. Thomas, 170 F. 2d 1, 3 (10th Cir. 1948); Prudential Ins. Co. of Am. v. Carlson, 126 F. 2d 607, 611 (10th Cir. 1942). . Which 5(b) incorpor…
• Price & Pierce v. Gilson Bros., Inc. (E.D.N.Y. 1932)
  …onditions suggested by the moving party. It is not within the power of the District Court, or of any judge, to deprive a party of the rights accorded him by this section. In re National Equipment Co., 195 F. 488, 115 C. C. A. 398, certiorari denied 225 U. S. 701, 32 S. Ct. 835, 56 L. Ed. 1264. [*769] The following cases cited by the attorney for the defendant all relate to taking testimony by commission, and are not in point: Wallace v. D. Appleton & Co. (C. C.) 161 F. 884; Deery v. Byrne, 120 App. Div. 6,…
• Silent Sioux Corp. v. Chicago & N. W. Ry. Co., 262 F.2d 474 (8th Cir. 1959)
  …vent discrimination, which in our view, would result from either a higher or lower misquotation of the lawful rate. We have given consideration to the case of St. Louis S. W. Ry. Co. of Texas v. Lewellen Bros., 5 Cir., 192 F. 540, certiorari denied 225 U.S. 701, 32 S.Ct. 835, 56 L.Ed. 1264, relied on by plaintiff, in which recovery was permitted on the theory that defendant carrier had failed to file and post an established rate in one of its local offices. From cases subsequently decided the principle is…