CITY OF HAMMOND
v.
FARINA BUS LINE & TRANSPORTATION COMPANY
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The Farina Bus Line, an Illinois corporation operating interstate bus routes through Indiana, challenged Hammond's Ordinance No. 1945, seeking an injunction to prevent its enforcement. The Supreme Court reversed the lower courts' dismissal of the case and remanded it to the District Court for a full hearing on the merits, holding that the case required factual development through evidence rather than summary disposition, and that any injunction should be preliminary pending final resolution of the dispute.
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Mr. Justice Brandéis delivered the opinion of the Court.
This suit was commenced in the federal court for Indiana in June, 1925;. and is here on certiorari to the Circuit Court of Appeals. 273 U. S. 675. As in City of Hammond v. Schappi Bus Line, Inc., ante, p. 164, the plaintiff, Farina Bus Line and Transportation Company, is an Illinois corporation; the defendant is the City of Hammond; the relief sought is. an injunction to prevent the enforcement of ordinance No. 1945, adopted May 23, 1925; and the relief was denied by the District Court without finding any facts and without opinion. The Circuit Court of Appeals reversed the decree and remanded the case with directions “ to enter a decree granting the injunction.” The decision was rendered,on .the same day on which that court-rendered its decision in the Schappi case. It, also, made no finding of facts. It filed no opinion and gave no reasons for its action save the statement that “ the discussion there applies equally to this case.”
The Farina Company operates a route from several' small cities in Illinois through the Town of Munster, Indiana, to its terminal-in the business district of Hammond. There, its busses connect with an allied street railway, which extends from Hammond into the City of Gary, Indiana; and through passengers from the Illinois cities to Gary pass over this route. A small percentage.of the business is intercity traffic between Munster and Hammond; and, hence, intrastate. The Farina Company holds a certificate of public convenience and necessity issued by the Public Service Commission of Indiana under the Acts of 1925 for all its routes. The Farina Company alleges that the ordinance, if enforced, will necessitate abandonment, not only of the existing routes, but of its business.' The evidence, consisting mainly of affidavits, is conflicting.
The contentions, the issues of fact and of law, and the character of the evidence introduced, are largely similar to those in the Schappi case. But there are differences, which may be important. The Calumet Company does not serve Munster or the small Illinois citiés, so that it is not a direct competitor of the plaintiff.' None of the busses carry local passengers within the' City of Hammond. There is also a difference in the stage of the proceedings at which this case came before the Court of Appeals. It was heard, on appeal from the final decree. An application for an interlocutory injunction had been made; but the cause was later submitted to the District Court by agreement of the parties, as upon final hearing, and the bill was dismissed.
. The considerations which led this Court to remand the Schappi case to the District Court for further proceedings on final hearing are applicable in the main also to this case. We think that it should'be heard by the District Court anew upon final hearing upon evidence to be adduced. To this end, the decree entered in the Court of Appeals is affirmed in so far as it reversed the decree dismissing the bill. In so far as it directs that an injunction issue, it is modified to the extent of directing an injunction pending the suit instead of a permanent injunction, the propriety of the latter being reserved until the final hearing. The cause is remanded to' the District Court for further proceedings on final hearing, that court to have liberty, among other things, to allow amendment. of the pleadings. Costs in this Court are ndt allowed to either party.
Decree modified and cause remanded to the-District Court for. further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nashville v. Walters, 294 U.S. 405 (U.S. 1935)…omm’n, 187 Wis. 364. (1925); 204 N. W. 606. See too, McCandless v. Furlaud, 293 U. S. 67; Missouri ex rel. Wabash Railway v. Public Service Comm’n, 273 U. S. 126, 131; Hammond v. Schappi Bus Line, 275 U. S. 164, 169-172; Hammond v. Farina Bus Line, 275 U. S. 173, 174-5; United States v. Brims, 272 U. S. 549, 553; Gerdes v. Lustgarten, 266 U. S. 321, 327; Brown v. Fletcher, 237 U. S. 583, 586-8; Wilson Cypress Co. v. Del Pozo, 236 U. S. 635, 656-7.…
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R.R. Comm'n of Cal. v. Los Angeles Ry. Corp., 280 U.S. 145 (U.S. 1929)…ings, without costs to either party in this Court. Pending the decision of the trial court an interlocutory injunction should issue. Compare City of Hammond v. Schappi Bus Line, 275 U. S. 164; City of Hammond v. Farina Bus Line & Transportation Co., 275 U. S. 173; Ohio Oil Co. v. Conway, 279 U. S. 813. It is a serious task for us to construe and apply the written law of California. Compare Gilchrist v. Interborough Rapid Transit Co., 279 U. S. 159, 207-209. To “one brought up within it, varying emphasis, ta…1 / 2
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King Mfg. Co. v. City Council of Augusta, 277 U.S. 100 (U.S. 1928)…ry injunction against the enforcement of a municipal ordinance had been heard before, and the final decree rendered by, a- single district judge. See Hammond v. [*121] Schappi Bus Line, 275 U. S. 164; Hammond v. Farina Bus Line & Transportation Co., 275 U. S. 173; Delaware, Lackawanna & Western R. R. Co. v. Morristown, 276 U. S. 182. If a municipal ordinance had been a statute within § 266, the decrees of the district judges in these c^sps would have been void for want of jurisdiction. See Ireland v. Wood…1 / 2
Authorities Cited
- Liggett & Myers Tobacco Co. v. United States, 273 U.S. 675 (U.S. 1926)
- City of Hammond v. Schappi Bus Line (Inc.), 273 U.S. 675 (U.S. 1926)