306 U.S. 204 (1939), 605, Public Service Comm'n v. Brashear Freight Lines, Inc.

Docket Nº:No. 605
Citation:306 U.S. 204, 59 S.Ct. 480, 83 L.Ed. 608
Party Name:Public Service Comm'n v. Brashear Freight Lines, Inc.
Case Date:February 13, 1939
Court:United States Supreme Court
 
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Page 204

306 U.S. 204 (1939)

59 S.Ct. 480, 83 L.Ed. 608

Public Service Comm'n

v.

Brashear Freight Lines, Inc.

No. 605

United States Supreme Court

Feb. 13, 1939

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

Under Judicial Code § 266, 28 U.S.C. 380, appeal directly to this Court from the District Court of three judges is limited to decrees granting or denying interlocutory or permanent injunctions; this Court has no jurisdiction of an appeal taken under this section by a defendant against whom an injunction was denied, for the purpose of reviewing the dismissal by the District Court of a counterclaim for money pleaded in the answer. P. 206.

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Per curiam opinion.

PER CURIAM.

Appellees, Brashear Freight Lines, Inc., and others, common carriers of property for hire by motor vehicles operated in interstate commerce over the highways of Missouri and other States, brought this suit to restrain the enforcement of the statute of Missouri known as the Missouri Bus and Truck Act, effective September 15, 1931.

As an interlocutory injunction was sought, a temporary restraining order was issued, and a court of three judges was convened pursuant to § 266 of the Judicial Code. 28 U.S.C. § 380. It was later agreed

that the temporary restraining order should remain in effect until final decision on the merits of the relief asked in the plaintiffs' bill of complaint, and that hearing on plaintiffs' application for a temporary and permanent injunction should be consolidated.

Defendants, Public Service Commission of Missouri and several state officers, in their answer included a counterclaim of the Public Service Commission seeking an accounting from plaintiffs for fees due to the State under the above mentioned Act for the use of the public highways during the time that the temporary restraining order was in effect. Upon stipulation, the restraining order was modified so as to provide for deposit of license fees with a trustee pending the termination of the litigation.

On hearing, the District Court entered its final decree as follows:

1. That the plaintiffs are not entitled to a permanent injunction against the defendants;

2. That the relief prayed for in plaintiffs' bill of complaint should be and is hereby in all respects denied, and

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plaintiffs' bill of complaint is hereby dismissed on its merits;

3. That the temporary restraining...

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