UNITED STATES
v.
BERGH ET AL.

U.S. | 1956-01-23
No. 553
350 U.S. 953 Supreme Court of the United States (1956) Positive Treatment
Cited by 5 cases

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  • United States v. W. Pac. R.R. Co., 352 U.S. 59 (U.S. 1956)
    …of estoppel as to the respondents Bangor and Seaboard. Because of the importance of these questions in the administration of the Interstate Commerce Act, and alleged conflict among the lower courts on the issue of limitations, we granted certiorari. 350 U. S. 953. I. We are met at the outset with the question of whether the Court of Claims properly applied the doctrine of primary jurisdiction in this case; that is, whether it correctly allocated the issues in the suit between the jurisdiction of the Inters…
  • Royal G. Bouschor v. United States, 316 F.2d 451 (8th Cir. 1963)
    …rt had reached its conclusion “without any notice of the Ellis case”. However, the Seventh Circuit has reaffirmed its position in Application of Davis, 1962, 303 F. 2d 601, stating that, in United States v. Vivian, 1955, 217 F. 2d 882, cert. denied 350 U.S. 953, 76 S.Ct. 340, 100 L.Ed. 830, it had pointed out that the rationale of Jarecki was grounded on the nature of the specific statutory provision involved. We note that certiorari has been granted in the Davis case, sub nom. Davis v. Soja, 371 U.S. 810…
  • …of the Transportation Act of September 18, 1940, 54 Stat. 955, 49 U. S. C. § 66. 28 U. S. C. § 1346 (a)(2). The District Court filed no written opinion. It rendered a short oral opinion which appears at pages 40-41 of the record. 224 F. 2d 443. 350 U. S. 953. The respondent’s cause of action accrued no later than the summer of 1946, when the Government deducted the difference between the domestic rate and the export rate. The respondent filed its suit on March 10, 1952. On the assumption that the Tucke…

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