Northern Pacific Ry. Co. v. North DakotaAnnotate this Case
216 U.S. 579 (1910)
U.S. Supreme Court
Northern Pacific Ry. Co. v. North Dakota, 216 U.S. 579 (1910)
Northern Pacific Railway Company v. North Dakota
Argued February 24, 25, 1910
Decided March 14, 1910
216 U.S. 579
Willcox v. Consolidated Gas Company,212 U. S. 19, followed to effect that, where the state court has found the rate fixed by a state commission on a single commodity to be not confiscatory and has refused an injunction, the decree will be affirmed without prejudice to the right of the carrier to reopen the case if, after adequate trial of the rate, it can prove that it is actually confiscatory and amounts to a deprivation of property without due process of law.
17 N.D. 223 affirmed without prejudice.
The facts are stated in the opinion.
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