US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

BOSTON & MAINE R. V. UNITED STATES, 358 U. S. 68 (1958)

Subscribe to Cases that cite 358 U. S. 68 RSS feed for this section

U.S. Supreme Court

Boston & Maine R. v. United States, 358 U.S. 68 (1958)

Boston & Maine Railroad v. United States

No. 310

Decided November 17, 1958*

358 U.S. 68


In a suit to set aside an order of the Interstate Commerce Commission declaring that per diem rates charged by all railroads for the rental of freight cars to other railroads were not in excess of reasonable compensation, the District Court held that the Commission had adjudicatory jurisdiction under § 5(d) of the Administrative Procedure Act to issue an order, but it set aside the order and remanded the matter to the Commission for further proceedings on the ground that the Commission had erred in rejecting, without more thorough investigation and more detailed findings, another method of compensation urged by some railroads as being more equitable.


1. The appeal in No. 310 prematurely presented for decision the question whether the Commission had adjudicatory jurisdiction to determine a rate of uniform application throughout the industry or whether such a rate could be fixed only through the exercise of its rulemaking power under § 1(14)(a) of the Interstate Commerce Act, and the appeal is dismissed without prejudice to raising that issue again if it survives further Commission proceedings. Pp. 358 U. S. 69-72.

2. This also requires dismissal of the appeal in No. 322, which challenged the scope of the District Court's review. P. 358 U. S. 72.

162 F. Supp. 289, appeal dismissed. chanroblesvirtualawlibrary

Page 358 U. S. 69

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™