Omaha & Council Bluffs Street Ry. Co. v. ICC
Annotate this Case
222 U.S. 582 (1911)
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U.S. Supreme Court
Omaha & Council Bluffs Street Ry. Co. v. ICC, 222 U.S. 582 (1911)
Omaha & Council Bluffs Street Railway Company
v. Interstate Commerce Commission
Motion for order to maintain the status quo pending appeal
Submitted October 30, 1911
Decided November 6, 1911
222 U.S. 582
APPEAL FROM THE COMMERCE COURT
Where this Court considers it proper, the status quo will be maintained pending an appeal from the judgment of the Commerce Court sustaining an order of the Interstate Commerce Commission, and the . enforcement of the order in question will be suspended pending the appeal, on the appellant's giving a bond for the amount and in the form prescribed by this Court.
The facts are stated in the opinion.
Upon the authority of Revised Statutes § 716; Ex Parte Milwaukee Railroad Co., 5 Wall. 188; Leonard v. Ozark Land Co., 115 U. S. 465, 115 U. S. 468; In re Classen, 140 U. S. 200, 140 U. S. 207; In re McKenzie, 180 U. S. 536, 180 U. S. 549; United States v. Shipp, 203 U. S. 563, 203 U. S. 573, and upon full consideration of the facts bearing upon the propriety of the appellants' motion for an order to maintain the status quo pending this appeal, it is ordered that the enforcement of the order of the Interstate Commerce Commission entered November 27, 1909, and drawn in question in this case, be, and it is, suspended and enjoined during the pendency of this appeal upon condition that, within ten days herefrom, the appellants execute unto the Interstate Commerce Commission and file in this cause a good and sufficient bond in the sum of $10,000, with sureties to be approved by the clerk of this Court, and conditioned that the appellants will promptly pay any and all damages which may be suffered by their several passengers and intended passengers by reason of the granting or continuance of this order if it is adjudged ultimately that the order of the Interstate Commerce Commission, drawn in question in this case, is a valid one.