United States v. Atlanta, B. & C. R. Co., 282 U.S. 522 (1931)

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United States v. Atlanta, Birmingham & Coast Railroad Company

No. 88

Argued January 29, 30, 1931
Decided February 24, 1931
282 U.S. 522

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

1. A passage in a report of the Interstate Commerce Commission specifying the maximum amount the Commission finds may be included by a railroad company in its balance sheet statement as representing investment in newly acquired road and equipment, and notifying the company that it will be expected to adjust its accounts in accordance with the finding within 60 days from service of the report, is not an "order" of the Commission, and jurisdiction of a suit to annul it is not conferred on the district court of three judges by the Urgent Deficiencies Act of October 22, 1913. P. 527.

2. Such a report cannot be considered as an order, for purposes of attack, by reading it in connection with an earlier certificate of public necessity and convenience, authorizing the company to acquire the property, and an order authorizing stock issues therefor, when both of these have been acted upon and neither of them is challenged. P. 529.

3. A decree setting aide an order of the Commission and remanding the matter to it for further hearing did not operate as res judicata to confer jurisdiction on the court, either by original or by supplemental bill, to review further action of the Commission which was not an order, but a report. P. 530.

37 F.2d 401 reversed.

Appeal from a decree of the district court of three judge attempting to set aside part of a report of the Interstate Commerce Commission which was attacked as an order.