General Inv. Co. v. New York Central R. Co., 271 U.S. 228 (1926)

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General Investment Company v.


New York Central Railroad Company
No. 274


Argued April 27, 1926
Decided May 24, 1926
271 U.S. 228

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO

Syllabus

1. A bill by a minority stockholder against a railroad company alleging domination by the defendant, through stock ownership, of parallel and competing railroads engaged in interstate commerce, charging continuous violations therein of the Sherman and Clayton Acts, alleging resulting injury to plaintiff and other shareholders, and praying an injunction held a suit arising under the laws of the United States and within the jurisdiction of the district court. P. 230.

2. The court again points out the difference between jurisdiction, on the one hand, and lack of merit or of capacity to sue, on the other, as a ground for dismissing a suit. Id.

Reversed.

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