Public Service Commission of Missouri v. Brashear Freight Lines

• Decision Date: 28 January 1939
• Docket Number: No. 605,605
• Citation: 306 U.S. 204,59 S.Ct. 480,83 L.Ed. 608
• Parties: PUBLIC SERVICE COMMISSION OF MISSOURI et al. v. BRASHEAR FREIGHT LINES, Inc., et al. On Jurisdictional Statement
• Court: U.S. Supreme Court

306 U.S. 204

59 S.Ct. 480

83 L.Ed. 608

PUBLIC SERVICE COMMISSION OF MISSOURI et al.

v BRASHEAR FREIGHT LINES, Inc., et al.

No. 605.

On Jurisdictional Statement Jan. 28, 1939.

Decided Feb. 13, 1939.

Rehearing Denied April 17, 1939.

See 306 U.S. 669, 59 S.Ct. 784, 83 L.Ed. —-.

Messrs. Daniel C. Rogers and James H. Linton, both of Jefferson City, Mo., for appellants.

No appearance for appellees.

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, Mo.St.Ann. § 5264 et seq., p. 6679 et seq.

As an interlocutory injunction was sought, a temporary restraining order was issued and a court of three judges was convened pursuant to Section 266 of the Judicial Code. 28 U.S.C. § 380, 28 U.S.C.A. § 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 plaintiffs' bill of complaint is hereby dismissed on its merits;

'3. That the temporary restraining order heretofore granted to plaintiffs by this court against the defendants, be and the same hereby is dissolved;

'4. That the issue raised by the defendants' counterclaim, not having been urged nor presented by the parties, and the court being in doubt as to the right of the defendants to maintain such counterclaim, it is ordered that the same be and it hereby is dismissed without prejudice to the right of the defendants, or either of them, to maintain an independent action or suit thereon, if they, or either of them, shall be so advised;

'5. That defendants recover their costs and disbursements herein, to be taxed as provided by law and inserted herein in the sum of _ _ Dollars'.

On motion for rehearing, paragraph 4 of the decree was modified by striking out the following words relating to the defendants' counterclaim, to wit, 'not having been urged nor presented by the parties', and rehearing was denied.

The Public Service Commission brings this appeal seeking to review paragraph 4 of the decree, as amended, dismissing the counterclaim.

The appellate jurisdiction of this Court on direct appeal from a final decree by a District Court composed of three judges under Section 266 of the Judicial Code is strictly limited as follows:

'a direct appeal to the Supreme...