Public Service Commission of Missouri v. Brashear Freight Lines, 605
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM |
| 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 |
| Docket Number | No. 605,605 |
| Decision Date | 28 January 1939 |
v.
BRASHEAR FREIGHT LINES, Inc., et al.
See 306 U.S. 669, 59 S.Ct. 784, 83 L.Ed. —-.
Page 205
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
Page 206
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...
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40 566 Allee v. Medrano 8212 1125, No. 72
...court and a direct appeal on other controversies that may exist between them. See Public Service Comm'n v. Brashear Freight Lines, 306 U.S. 204, 59 S.Ct. 480, 83 L.Ed. 608 (1939).' 401 U.S., at 86—87, 91 S.Ct., at 677.18 (Footnote omitted.) Brashear Freight Lines and Perez are authority for......
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Equitable Life Assur. Soc. v. Mercantile Com. B. & T. Co., No. 12627.
...that appellees, having been given full relief by the trial court, could not have appealed. Public Service Comm. v. Brashear Lines, 306 U.S. 204, 206, 59 S.Ct. 480, 83 L. Ed. 806; Lindheimer v. Illinois Tel. Co., 292 U.S. 151, 176, 54 S.Ct. 658, 78 L.Ed. 1182; New York Tel. Co. v. Maltbie, 2......
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Dankman v. Dist. of Col. Bd. of Elections, No. 81-977.
...v. Finn, 341 U.S. 6, 18 n. 17, 71 S.Ct. 534, 542 n. 17, 95 L.Ed. 702 (1951); Public Service Commission v. Brashear Freight Lines, Inc., 306 U.S. 204, 206, 59 S.Ct. 480, 481, 83 L.Ed. 608 (1939) (per curiam) (Commission, as successful party below, has no standing to appeal lower court's decr......
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Deposit Guaranty National Bank, Jackson Mississippi v. Roper, No. 78-904
...is not aggrieved by the judgment affording the relief and cannot appeal from it. Public Service Comm'n v. Brashear Freight Lines, Inc., 306 U.S. 204, 59 S.Ct. 480, 83 L.Ed. 806 (1939); New York Telephone Co. v. Maltbie, 291 U.S. 645, 54 S.Ct. 443, 78 L.Ed. 1041 (1934); Corning v. Troy Iron ......
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Dankman v. Dist. of Col. Bd. of Elections, No. 81-977.
...v. Finn, 341 U.S. 6, 18 n. 17, 71 S.Ct. 534, 542 n. 17, 95 L.Ed. 702 (1951); Public Service Commission v. Brashear Freight Lines, Inc., 306 U.S. 204, 206, 59 S.Ct. 480, 481, 83 L.Ed. 608 (1939) (per curiam) (Commission, as successful party below, has no standing to appeal lower court's decr......
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Equitable Life Assur. Soc. v. Mercantile Com. B. & T. Co., No. 12627.
...that appellees, having been given full relief by the trial court, could not have appealed. Public Service Comm. v. Brashear Lines, 306 U.S. 204, 206, 59 S.Ct. 480, 83 L. Ed. 806; Lindheimer v. Illinois Tel. Co., 292 U.S. 151, 176, 54 S.Ct. 658, 78 L.Ed. 1182; New York Tel. Co. v. Maltbie, 2......
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Deposit Guaranty National Bank, Jackson Mississippi v. Roper, No. 78-904
...is not aggrieved by the judgment affording the relief and cannot appeal from it. Public Service Comm'n v. Brashear Freight Lines, Inc., 306 U.S. 204, 59 S.Ct. 480, 83 L.Ed. 806 (1939); New York Telephone Co. v. Maltbie, 291 U.S. 645, 54 S.Ct. 443, 78 L.Ed. 1041 (1934); Corning v. Troy Iron ......
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40 566 Allee v. Medrano 8212 1125, No. 72
...court and a direct appeal on other controversies that may exist between them. See Public Service Comm'n v. Brashear Freight Lines, 306 U.S. 204, 59 S.Ct. 480, 83 L.Ed. 608 (1939).' 401 U.S., at 86—87, 91 S.Ct., at 677.18 (Footnote omitted.) Brashear Freight Lines and Perez are authority for......