Commonwealth of Pennsylvania v. State of West Virginia State of Ohio v. Same

Decision Date03 December 1923
Docket NumberO,Nos. 15 and 16,s. 15 and 16
PartiesCOMMONWEALTH OF PENNSYLVANIA v. STATE OF WEST VIRGINIA. STATE OF OHIO v. SAME. riginal, of the Last Term. Re
CourtU.S. Supreme Court

Mr. John W. Davis, of New York City, for complainants.

Mr. George E. Alter, of Pittsburgh, Pa., for the Commonwealth of Pennsylvania.

Messrs. P. P. Steptoe and Geo. M. Hoffheimer, both of Clarksburg, W. Va., for the State of West Virginia.

Mr. Justice VAN DEVANTER announced the ruling of the Court.

An opinion expressing the views of the court in these cases was announced at the last term and a decree was entered then. 262 U. S. 553, 623, 43 Sup. Ct. 658, 67 L. Ed. 1117. By the court's leave, given at that term, a petition for rehearing was filed. The cases had been presented in oral argument three times, but three members of the court had heard only the last presentation. This, with the importance of the questions involved and the public character of the litigants, led the court to grant the rehearing. It was had two weeks ago. The cases have been considered again in the light of that presentation, and after this further reflection the court perceives no ground for disturbing the opinion heretofore announced or the decree entered thereon.

Decree reaffirmed.

The CHIEF JUSTICE did not participate in the consideration of the cases on the rehearing.

Mr. Justice HOLMES, Mr. Justice McREYNOLDS, and Mr. Justice BRANDEIS dissent, for the reasons given in their dissenting opinions at the last term.

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12 cases
  • General Motors Corp. v. Tracy
    • United States
    • U.S. Supreme Court
    • February 18, 1997
    ...Pennsylvania v. West Virginia, 262 U.S. 553, 596-600, 43 S.Ct. 658, 664-666, 67 L.Ed. 1117, reaffirmed on rehearing, 263 U.S. 350, 44 S.Ct. 123, 67 L.Ed. 1144 (1923). See generally Illinois Natural Gas Co. v. Central Ill. Public Service Co., 314 U.S. 498, 504-505, 62 S.Ct. 384, 386-387, 86 ......
  • Plant Oil Powered Diesel Fuel Sys., Inc. v. Exxonmobil Corp.
    • United States
    • U.S. District Court — District of New Mexico
    • July 21, 2011
    ...S.Ct. 335 ... (quoting Pennsylvania v. West Virginia, 262 U.S. 553, 593, 43 S.Ct. 658, 67 L.Ed. 1117 (1923), re aff'd, 263 U.S. 350, 44 S.Ct. 123, 67 L.Ed. 1144 (1923)). As appellees argued before the district court, the fact that the proposed rules “may never be enacted, or alternatively, ......
  • State of Wisconsin v. State of Illinois State of Missouri State of Michigan v. State of Illinois State of New York v. Same 12
    • United States
    • U.S. Supreme Court
    • January 14, 1929
    ... ... Page 380 ...           [[WEST,S.Ct. 164!} Messrs. Wm. J. Morgan and Ralph M. Hoyt, both ... C. Turner and C. C. Crabbe, both of Columbus, Ohio, Geo. W. Woodruff, of Philadelphia, Pa., Newton, D. Baker, ... of Wisconsin, Minnesota, Michigan, Ohio, Pennsylvania, and New York, praying for an injunction against the state ... Ct. 138, 68 L. Ed. 342; Pennsylvania v. West Virginia, 262 U. S. 553, 623, 43 S. Ct. 658, 67 L. Ed. 1117, 32 A ... ...
  • Volvo North America Corp. v. Men's Intern. Professional Tennis Council
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 30, 1988
    ...at 358 (quoting Pennsylvania v. West Virginia, 262 U.S. 553, 593, 43 S.Ct. 658, 663, 67 L.Ed.2d 1117 (1923), reaff'd, 263 U.S. 350, 44 S.Ct. 123, 67 L.Ed. 1144 (1923)). As appellees argued before the district court, the fact that the proposed rules "may never be enacted, or alternatively, m......
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