Great Northern Ry. Co. v. United States, 277 U.S. 172 (1928)

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Great Northern Railway Company v. United States


No. 612


Argued April 27, 1928
Decided May 14, 1928
277 U.S. 172

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF MINNESOTA

Syllabus

1. The special remedy given by the Urgent Deficiencies Act of October 22, 1913, for reviewing orders of the Interstate Commerce Commission by suit against the United States applies only to orders dealing with subjects within the scope of the Commission’s duty to regulate commerce. P. 181.

2. This special remedy is inapplicable to a certificate issued by the Commission to the Secretary of the Treasury under § 209, Transportation Act, 1920, stating the Commission’s finding of the amount required of the United States to make good to a railroad company its guaranty of operating income during the six months following the termination of federal control, and stating also the aggregate amount theretofore certified, and thus showing (in this case) an overpayment by the government. P. 182.

22 F.2d 865 affirmed.

Appeal from a decree of the district court dismissing, for want of jurisdiction, a bill brought by the Railway Company to annul two certificates issued by the Interstate Commerce Commission.