United States Supreme Court Cases & Opinions

U.S. Supreme Court

Moffat Tunnel League v. United States, 289 U.S. 113 (1933)

Moffat Tunnel League v. United States

No. 499

Argued February 15, 1933

Decided April 10, 1933

289 U.S. 113

Syllabus

1. Voluntary associations which are not corporations, or quasi-corporations, nor organized pursuant to or recognized by any law, are not legal persons, and without the authority of statute, have no capacity to sue. P. 289 U. S. 118.

2. In a suit against the United States to set aside an order of the Interstate Commerce Commission authorizing one railroad company to acquire control of another by purchase of its stock, the complaint must show that the plaintiff has, or represents others having, a legal right or interest that will be injuriously affected by the order. P. 289 U. S. 119.

Page 289 U. S. 114

3. Apprehension felt by dwellers beyond the terminus of a railroad that acquisition of control of the railroad by a rival will lessen the possibility of its extension is not ground for suit to set aside an order of the Commission permitting such acquisition. P. 289 U. S. 119.

4. The right to appear and be heard, or to intervene, in a suit brought by another to annul an order of the Commission is to be distinguished from the right to bring such suit. Jud.Code, §§ 212, 213; 28 U.S.C. § 45(a). P. 289 U. S. 120.

59 F.2d 760 affirmed.

Appeal from a decree of the District Court of three judges dismissing the bill in a suit to set aside an order of the Interstate Commerce Commission.

Page 289 U. S. 115