Delaware & Hudson Co. v. United States,
266 U.S. 438 (1925)

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U.S. Supreme Court

Delaware & Hudson Co. v. United States, 266 U.S. 438 (1925)

Delaware & Hudson Co. v. United States

No. 212

Argued November 19, 1924

Decided January 5, 1925

266 U.S. 438


1. A "tentative valuation" of a carrier's property made by the Interstate Commerce Commission under § 19a of the Interstate Commerce Act, as amended, is no more than an ex parte appraisement without probative effect. P. 266 U. S. 448.

2. By the authorized "protest," a carrier may offer objections to anything done or omitted in respect of such tentative valuation, and secure the Commission's rulings before the valuation becomes final. Id.

3. Where there is nothing to indicate that, in making such tentative valuation, the Commission has willfully disregarded the law, as honestly interpreted, or failed to proceed in an orderly manner, or that it will not consider and pass upon all matters set up in a protest filed by the carrier before arriving at its final valuation, a suit to annul the tentative valuation will not lie. Id.

295 F. 558 affirmed.

Appeal from a decree of the district court dismissing on motion, for want of equity, a suit to set aside a tentative valuation of the plaintiffs' railroad properties.

Page 266 U. S. 445

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