BURBRIDGE ET AL.
v.
CALIFORNIA

U.S. | 1967-05-08
No. 875
386 U.S. 1031 Supreme Court of the United States (1967) Caution
Cited by 11 cases

Opinion

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Citator

Cited By (11 total)

  • …usion that the statutory three judge court provided for in 28 U.S.C.A. §§ 2321-2325 is the sole forum for review of issues decided by the Commission finds support in United States v. Southern Railway Company, 5 Cir. 1966, 364 F. 2d 86, cert. denied, 386 U.S. 1031, 87 S. Ct. 1479, 18 L.Ed.2d 592.7 In that case we held that suits by the United States for civil penalties resulting from the violation by a carrier of the Commission’s order could not be defended on grounds that were reviewable before a statutory t…
  • The B. F. Goodrich Co. v. Nw. Indus., Inc., 424 F.2d 1349 (3d Cir. 1970)
    …F. 2d 59 (5th Cir. 1956), cert. denied, 352 U.S. 828, 77 S.Ct. 41, 1 L.Ed.2d 50. See also United States v. Southern Railway Co., 380 F. 2d 49, 53 (4th Cir. 1967); United States v. Southern Railway Co., 364 F. 2d 86, 92 (5th Cir. 1966), cert. denied, 386 U.S. 1031, 87 S.Ct. 1479, 18 L.Ed.2d 592. In order to circumvent the requirements of sections 2321-2325 Goodrich contends that it is not attempting to “suspend, enjoin, annul or set aside” a Commission order, because no appealable order was issued by the Com…
  • Erco Indus. Ltd. v. Seaboard Coast Line R.R. Co., 644 F.2d 424 (5th Cir. 1981)
    …92 U.S. 282, 286, 54 S.Ct. 692, [693,] 78 L.Ed. 1260 (1934); Spiller v. Atchison, T. & S.F. Ry. Co., 253 U.S. 117, 125, 40 S.Ct. 466, [469,] 64 L.Ed. 810 (1920). United States v. Southern Railway Co., 364 F. 2d 86, 94 (5th Cir. 1966), cert. denied, 386 U.S. 1031, 87 S.Ct. 1479, 18 L.Ed.2d 592 (1967). The railroad’s mere reference to the inconsistency between the administrative law judge’s finding that the consignors had an adequate number of cars to sufficiently supply Erco and the Commission’s superseding…

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