NEW YORK CENTRAL R. CO.

v.

MODICA

Citator

Cited By

• W. P. Brown & Sons Lumber Co. v. Louisville & N. R. Co., 82 F.2d 94 (6th Cir. 1936)
  …efore us, is conclusive of this case. Persuasive it might be, were its reasoning fully to commend itself to us. In what respect it controls our decision we are unable to understand. If upon the ground that certiorari was denied by the Supreme Court (290 U.S. 647, 54 S.Ct. 64, 78 L.Ed. 561), then the answer must be in the language of that court: “The denial of a writ of certiorari imports no expression of opinion upon the merits of the case, as the bar has been told many times.” Atlantic Coast Line R. Co. v.…
• El Paso & S. W. R. Co. v. Phelps-Dodge Mercantile Co., 75 F.2d 873 (9th Cir. 1935)
  …ited States, 272 U. S. 658, 665, 666, 47 S. Ct. 222, 71 L. Ed. 463; Assigned Car Cases, 274 U. S. 564, 580, 581, 47 S. Ct. 727, 71 L. Ed. 1204; South Carolina Asparagus G. Ass’n v. Southern Ry. Co. (C. C. A. 4) 64 F.(2d) 419, 421, certiorari denied, 290 U. S. 647, 54 S. Ct. 65, 78 L. Ed. 561; Glens Falls Portland C. Co. v. Delaware & Hudson Co. (C. C. A. 2) 66 F.(2d) 490, 493, 494, certiorari denied, 290 U. S. 697, 54 S. Ct. 132, 78 L. Ed. 599. It should be noted that the appellants did not introduce at the…
• Missouri-Kansas-Texas R. Co. v. Sinclair Prairie Oil Co., 112 F.2d 553 (10th Cir. 1940)
  …e same extent as the final carrier. In, Baltimore & Ohio R. Co. v. Domestic Hardwoods et al., 62 App.D.C. 142, 65 F. 2d 488, infra, judgment was held to be recoverable against all the through carriers, either jointly or severally. Certiorari denied, 290 U.S. 647, 54 S.Ct. 64, 78 L.Ed. 561. Authority cited with reliance on part of appellant did not involve question of exaction of rates in excess of published tariffs, but of discrimination between shippers of petroleum oil in barrels as related to the rates…

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