Venner v. Michigan Central R. Co., 271 U.S. 127 (1926)

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Venner v. Michigan Central Railroad Company

No. 190

Argued January 28, 1926
Decided April 26, 1926
271 U.S. 127

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

Syllabus

1. A suit against a railroad by a minority stockholder to enjoin the company from carrying out an agreement for obtaining additional equipment and issuing certificates therefor as permitted by an order of the Interstate Commerce Commission which the plaintiff assails as invalid is essentially a suit to set aside the order, of which a state court has no jurisdiction. P. 128.

2. Suit to set aside orders, mandatory or permissive, of the Interstate Commerce Commission can be brought only against the United States, and only in the federal courts. P. 130.

Affirmed.

Appeal from a decree of the district court dismissing an injunction suit for want of jurisdiction.