Inland Steel Co. v. United States, 306 U.S. 153 (1939)

Inland Steel Co. v. United States

No. 227

Argued January 3, 4, 1939
Decided January 30, 1939 *
306 U.S. 153

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

1. In a suit by a shipper to set aside an order of the Interstate Commerce Commission requiring a carrier to cease paying the shipper tariff allowances for spotting cars in the shipper’s plant, which the Commission had found unlawful, the District Court, in granting an interlocutory injunction, imposed the condition, without objection from the shipper, that further payments be withheld by the carrier, in a separate account, to be paid over to the shipper or cancelled upon further order of the court. Held within the equitable power of the court, though not requested by the carrier nor, specifically, by the Commission. P. 156.

2. The power of the District Court so to impound the allowances and, finally, upon sustaining the Commission and dismissing the bill, to order that the fund be retained by the carrier was not affected by the fact that, because of the preliminary injunction, the carrier had kept in force its published tariff providing for the allowances, or by the fact that, for the same reason, the Commission had undertaken to postpone the effective date of its order. Pp. 158-159.

3. Apart from the primary issue of the validity of the allowances, it was not necessary that evidence be taken and special findings be made with respect to the disposition of the impounded fund. P. 161.

Affirmed.

Appeals from decrees of the District Court in suits to set aside orders of the Interstate Commerce Commission restraining carriers from paying allowances for spotting cars to plaintiff appellant shippers. See 23 F.Supp. 291. These appeals were directed only to provisions of the final decrees requiring that funds resulting from impounding of the allowances during the suit be retained by the carriers.