Ayrshire Collieries Corp. et al. v. United States et al. (331 U.S. 132)
U.S. Supreme Court · decided April 28, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 132 · 67 S. Ct. 1168
- Decided
- April 28, 1947
- Term
- October Term 1946
- Vote
- 8–1
- Majority author
- Justice Murphy
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Murphy delivered the' opinion of the Court. Appellants filed complaints in the United States District Court for the Southern District of Indiana seeking a temporary stay, an interlocutory injunction and a permanent injunction against the enforcement of an order of the Interstate Commerce Commission, dated July 9, 1945. This order had been entered in connection with findings by the Commission that certain railroad tariffs were unlawful and that other rates should be prescribed in lieu thereof. Coal to Beloit, Wis., and Northern Illinois, 263 I. C. C. 179. The complaints requested that the court convene a specially constituted court of three judges, as required by the Urgent Deficiencies Act of October 22, 1913, 38 Stat. 208, 220, 28 U. S. C. § 47, to hear the motions “for a temporary or interlocutory injunction and for final hearing in this proceeding.” Circuit Judge Evans and District Judge Igoe were then assigned to sit with District Judge Baltzell to hear and determine these applications, and the cases were consolidated for all purposes. The applications for a temporary stay and an interlocutory injunction were assigned for hearing on January 3, 1946. But on that day, it appearing that the Commission had postponed the effective date of its order to April 8, 1946, the court ordered that “the hearing upon the petitioners’ application for an interlocutory…
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