Minneapolis & St.L. R. Co. v. Peoria & Pekin Ry. Co.
270 U.S. 580 (1926)

Annotate this Case

U.S. Supreme Court

Minneapolis & St.L. R. Co. v. Peoria & Pekin Ry. Co., 270 U.S. 580 (1926)

Minneapolis & St. Louis Railroad Company v.

Peoria & Pekin Union Railway Company

No. 767

Argued March 17, 1926

Decided April 12, 1926

270 U.S. 580

Syllabus

1. An order of the Interstate Commerce Commission dismissing, without reservation, a complaint, necessarily operates to rescind an earlier order which rested upon that complaint alone. P. 270 U. S. 584.

Page 270 U. S. 581

2. Such an order operates according to its term until modified by formal action of the Commission, and cannot be affected by an opinion of what was intended by it, expressed by a Commissioner in a telegram. P. 270 U. S. 585.

3. An order of the Commission reopening a case for further hearing had not the effect of reviving a former order, granting relief, which had been rescinded by an order dismissing the original complaint. Id.

4. Jurisdiction of the district court over a suit to enforce an order of the Commission depends on the state of things existing when the suit was brought. P. 270 U. S. 586.

Affirmed.

Appeal from a decree of the district court dismissing the bill in a suit to enforce an alleged order of the Interstate Commerce Commission.

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