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Delaware & Hudson Co. v. United States, 266 U.S. 438 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Delaware & Hudson Co. v. United States, 266 U.S. 438 (1925)
Delaware & Hudson Co. v. United States No. 212 Argued November 19, 1924 Decided January 5, 1925 266 U.S. 438
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
1. A "tentative valuation" of a carrier’s property made by the Interstate Commerce Commission under § 19a of the Interstate Commerce Act, as amended, is no more than an ex parte appraisement without probative effect. P. 448.
2. By the authorized "protest," a carrier may offer objections to anything done or omitted in respect of such tentative valuation, and secure the Commission’s rulings before the valuation becomes final. Id.
3. Where there is nothing to indicate that, in making such tentative valuation, the Commission has willfully disregarded the law, as honestly interpreted, or failed to proceed in an orderly manner, or that it will not consider and pass upon all matters set up in a protest filed by the carrier before arriving at its final valuation, a suit to annul the tentative valuation will not lie. Id.
295 F. 558 affirmed.
Appeal from a decree of the district court dismissing on motion, for want of equity, a suit to set aside a tentative valuation of the plaintiffs’ railroad properties.
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Chicago: U.S. Supreme Court, "Syllabus," Delaware & Hudson Co. v. United States, 266 U.S. 438 (1925) in 266 U.S. 438 266 U.S. 445. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=5LY565V1VJTMX63.
MLA: U.S. Supreme Court. "Syllabus." Delaware & Hudson Co. v. United States, 266 U.S. 438 (1925), in 266 U.S. 438, page 266 U.S. 445. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5LY565V1VJTMX63.
Harvard: U.S. Supreme Court, 'Syllabus' in Delaware & Hudson Co. v. United States, 266 U.S. 438 (1925). cited in 1925, 266 U.S. 438, pp.266 U.S. 445. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=5LY565V1VJTMX63.
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