Minneapolis & St.L. R. Co. v. Peoria & Pekin Ry. Co., 270 U.S. 580 (1926)

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Minneapolis & St. Louis Railroad Company v.

Peoria & Pekin Union Railway Company
No. 767

Argued March 17, 1926
Decided April 12, 1926
270 U.S. 580

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA

Syllabus

1. An order of the Interstate Commerce Commission dismissing, without reservation, a complaint, necessarily operates to rescind an earlier order which rested upon that complaint alone. P. 584.

2. Such an order operates according to its term until modified by formal action of the Commission, and cannot be affected by an opinion of what was intended by it, expressed by a Commissioner in a telegram. P. 585.

3. An order of the Commission reopening a case for further hearing had not the effect of reviving a former order, granting relief, which had been rescinded by an order dismissing the original complaint. Id.

4. Jurisdiction of the district court over a suit to enforce an order of the Commission depends on the state of things existing when the suit was brought. P. 586.

Affirmed.

Appeal from a decree of the district court dismissing the bill in a suit to enforce an alleged order of the Interstate Commerce Commission.