Railroad Commission v. J. Rosenbaum Grain Co.

U.S. Court of Appeals for the Fifth Circuit March 14, 1904

Railroad Commission v. J. Rosenbaum Grain Co., 130 F. 110 (5th Cir. 1904)

64 C.C.A. 444; 1904 U.S. App. LEXIS 4142

Opinion of the Court

PER CURIAM.

This is an appeal from an interlocutory order continuing an injunction pendente lite. The Circuit Court has jurisdiction of the controversy on account of the diverse citizenship of the parties and the federal questions involved, and we think it had power to issue the injunction complained of. Reagan v. Farmers’ Loan & Trust Co., 154 U. S. 363, 14 Sup. Ct. 1047, 38 L. Ed. 1014; Smyth v. Ames, 169 U. S. 466, 18 Sup. Ct. 418, 42 L. Ed. 819. The bill shows a case for equitable relief to prevent damages for which an action at law would furnish no complete and adequate remedy. On *111this appeal we do not feel called upon to go further. Kerr v. City of New Orleans, 126 Fed. 920; Massie et al. v. C. C. Buck (decided by this court Feb. 16, 1904) 128 Fed. 27.

The order appealed from is affirmed.

Reference

Full Case Name: RAILROAD COMMISSION OF TEXAS v. J. ROSENBAUM GRAIN CO.
Cited By: 4 cases
Status: Published
Syllabus: 1. Injunction — Power of Federal Courts — Restraining Action by State Railroad Commission. A federal court, where it has jurisdiction by reason of the diverse citizenship of the parties and the federal questions involved, has power to grant an injunction to restrain a state railroad commission from putting in force an order the effect of which would be to cause damages to complainant for which an action at law would furnish no adequate remedy. 2. Same — Preliminary Order — Review. On an appeal from an order granting an injunction pendente lite before issue joined, where it appears that the cause is one involving controverted questions of fact, the court will not enter upon the merits to determine whether the injunction was improvidently granted.