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Pennsylvania R. Co. v. United States, 363 U.S. 202 (1960)

Pennsylvania Railroad Co. v. United States

No. 451

Argued May 17, 1960

Decided June 13, 1960

363 U.S. 202


A railroad sued in the Court of Claims to recover from the United States the difference between its "domestic rates" and its "export rates" on certain shipments of iron and steel intended for export but which actually were not exported because of war conditions. The Court of Claims suspended proceedings to enable the parties to have the Interstate Commerce Commission pass on the reasonableness of the rates. After hearings, the Commission found and reported that the domestic rates were "unjust and unreasonable" as to 62 of the shipments but "just and reasonable" as to 13 of them. The railroad then invoked the jurisdiction of a Federal District Court under 28 U.S.C. §§ 1336, 1398 and 49 U.S.C. § 17(9) to enjoin and set aside the Commission's order, and it moved that the Court of Claims stay its proceedings until the District Court could pass upon the validity of the order.

Held: the railroad was entitled to have the Commission's order judicially reviewed; only the District Court had jurisdiction to review it; and the Court of Claims should have stayed its proceedings pending review of the Commission's order by the District Court. Pp. 363 U. S. 202-206.


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