Lawrence v. St. Louis-San Francisco Ry. Co., 278 U.S. 228 (1929)

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Lawrence v. St. Louis-San Francisco Railway Company

No. 99

Argued December 3, 1928
Decided January 2, 1929
278 U.S. 228

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF OKLAHOMA

Syllabus

1. An interlocutory decree enjoining a state Commission from carrying out an order restraining a railway company from removing shops and division point from one place to another in the state leaves the company free to proceed with the removal pending appeal if the injunction was not suspended by a supersedeas bond. P. 232.

2. Where such an interlocutory injunction was reversed on appeal because improvidently granted, but the shops, etc., had been removed meanwhile, and it seemed probable after the remand of the case that the complainant would be entitled to a permanent injunction, postponement of the question of restitution until final hearing was within the discretion of the district court. P. 233.

3. An order of a state Commission preventing a railway company from removing its shops and division point to another place in the state, the effect of which will clearly impair interstate passenger and freight service, is invalid under the commerce clause. P. 234.

30 F.2d 458 affirmed.

Appeal from a decree of the district court of three judges permanently enjoining the members of the Corporation Commission of the Oklahoma from taking proceedings to prevent the railway company from removing its shops and division point. See s.c. 274 U.S. 588.