Central Transfer Co. v. Terminal R. Assn., 288 U.S. 469 (1933)

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Central Transfer Co. v. Terminal Railroad


Association of St. Louis
No. 523


Argued February 14, 1933
Decided March 13, 1933
288 U.S. 469

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

Syllabus

Several rail carriers agreed with a single transfer company that only its places of business should be designated as their "off-track" stations in a certain city; that it should have the exclusive right to transfer less-than-carload freight between their "on-track" stations and between them and the "off-track" stations in the city, and that they would file the necessary amended tariffs with the Interstate Commerce Commission to carry out the agreement, and would pay for the transfer services at prescribed rates, absorbed in their line-haul rates. Tariffs were filed accordingly and approved by the Commission. Held that a rival transfer company, which was excluded by this arrangement from business that it previously had enjoyed, had no standing under § 16 of the Clayton Act to enjoin performance of the agreement as contrary to the Sherman Act, since it is provided by the Clayton Act that no one except the United States shall be thereby entitled to sue for injunctive relief against any common carrier subject to the Interstate Commerce Act "in respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission." P. 473.

61 F.2d 546 affirmed.

Certiorari, 287 U.S. 595, to review the affirmance of a decree dismissing a suit by a transfer company against numerous interstate carriers and another transfer company to restrain an alleged violation of the Sherman Antitrust Act.