Looney v. Eastern Texas R. Co., 247 U.S. 214 (1918)

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Looney v. Eastern Texas Railroad Company

No. 756

Argued April 1, 17, 1918
Decided May 20, 1918
247 U.S. 214

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

In a suit by carriers to restrain the attorney general of a state from instituting suits against them for damages and penalties for complying with an order of the Interstate Commerce Commission respecting rates, the district court issued a preliminary injunction (not appealed from) pending further proceedings by the Commission and until final hearing by the court. Held that a further order in the case restraining the defendant from prosecuting a suit of the character complained of which he subsequently began in a state court was in exercise of the power of the district court to protect its existing jurisdiction, and was not appealable under Jud.Code, § 266.

Appeal dismissed.

The case is stated in the opinion.