Lambert Run Coal Co. v. Baltimore & Ohio R. Co., 258 U.S. 377 (1922)

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Lambert Run Coal Company v.

Baltimore & Ohio Railroad Company
No. 153

Argued March 6, 7, 1922
Decided April 10, 1922
258 U.S. 377

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. A suit by a shipper to enjoin a railroad company from following rules for car distribution which ave been prescribed by the Interstate Commerce Commission under par. 15 of § 1 of the Act to Regulate Commerce as amended by the Transportation Act of 1920, is a suit to stay an order of the Commission, and can be brought only in the district court, where the application must be heard by three judges and the United States is an indispensable party. Act of October 22, 1913, c. 32, 38 Stat. 208, 220; Jud.Code, §§ 208, 211. P. 381.

2. Jurisdiction of a suit to restrain a railroad company from following rules for car distribution prescribed by the Commission cannot be acquired by a state court, or by the district court upon removal therefrom, through the plaintiff’s concealment of the fact that the rules were so prescribed. P. 382. Healy v. Sea Gull Specialty Co., 237 U.S. 479, distinguished.

267 F. 776 modified and affirmed.

Appeal from a decree of the circuit court of appeals reversing an order of the district court which granted an interlocutory injunction, and directing that the injunction be dissolved and the bill dismissed for want of jurisdiction in a suit by the appellant to restrain the appellee from following certain rules of car distribution, and to require it to furnish cars upon another basis.