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CORONA COAL CO. V. UNITED STATES, 263 U. S. 537 (1924)

U.S. Supreme Court

Corona Coal Co. v. United States, 263 U.S. 537 (1924)

Corona Coal Co. v. United States

No. 42

Argued November 23, 26, 1923

Decided January 7, 1924

263 U.S. 537


Where coal, requisitioned by the Fuel Administration for the Railroad Administration, was paid for by the latter at prices fixed in contracts between certain carriers, which it took over, and the coal owner, held:

(a) That the owner's claims against the Railroad Administration, reserved in the requisition, for the difference between the price paid and the greater price then fixed generally by the Fuel Administration, were causes of action arising out of the possession, use, and operation of the carriers by the President within Transportation Act § 206a, authorizing suit against the agent appointed by him. P. 263 U. S. 539.

(b) Under Jud.Code § 154, the institution and pendency of such actions in the district court prevents prosecution of an appeal pending here from an earlier judgment of the Court of Claims rejecting a claim against the United States on the same cause. Id.

(c) This prohibition of § 154 cannot be avoided upon the ground that the later actions were brought to avoid the time limitation of the Transportation Act. Id.

Appeal to review 57 Ct.Clms. 607 dismissed.

Appeal from a judgment of the Court of Claims dismissing a petition.

Page 263 U. S. 538

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