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· 12/20/1920

Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. C. L. Merrick Co.

Citations

  • 254 U.S. 376
  • 41 S. Ct. 142
  • 65 L. Ed. 312
  • 1920 U.S. LEXIS 1148

Syllabus

<p>A decree of this court affirming “without prejudice” an injunctive decree of a state court upholding a statutory railroad rate against a charge of confiscation, determines the adequacy of the rate for the period antedating the decree, and is not . superseded by a decree in a subsequent suit holding the rate confiscatory upon new evidence developed by a further test. P. 377.</p> <p>A federal question which has been specifically settled and is no longer an open one in this court, is not an adequate basis for a writ of error. Id.</p> <p>Writ of error to review 35 N. Dak. 331, dismissed.</p>

Judges: Van Devanter

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