Pennsylvania PUC v. Pennsylvania R. Co.,
382 U.S. 281 (1965)

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U.S. Supreme Court

Pennsylvania PUC v. Pennsylvania R. Co., 382 U.S. 281 (1965)

Pennsylvania Public Utility Commission v.

Pennsylvania Railroad Co.

No. 375

Decided December 13, 1965

382 U.S. 281


Appellee sued in a three-judge District Court to enjoin enforcement of an order issued by appellant state Commission on the ground of conflict with a federal statute, which appellant contended was unconstitutional. The injunction was granted.


1. Under Swift Co. v. Wickham, ante, p. 382 U. S. 111, a three-judge tribunal was not required by 28 U.S.C. § 2281 for state order-federal statute conflict.

2. Nor does the defense of unconstitutionality of the federal statute require a three-judge court under 28 U.S.C. § 2282, which applies only where an injunction is sought to restrain the enforcement of an Act of Congress. Garment Workers v. Donnelly Co., 304 U. S. 243, 304 U. S. 250.

3. Since the direct appeal to this Court, taken prior to the Wickham decision, must be dismissed for lack of jurisdiction, the judgment is vacated and remanded to the District Court to enter a fresh decree from which a timely appeal may be taken to the Court of Appeals.

240 F. Supp. 233 vacated and remanded.

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