Pennsylvania PUC v. Pennsylvania R. Co.
Annotate this Case
382 U.S. 281 (1965)
U.S. Supreme Court
Pennsylvania PUC v. Pennsylvania R. Co., 382 U.S. 281 (1965)
Pennsylvania Public Utility Commission v.
Pennsylvania Railroad Co.
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.
Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.