Railroad Commission v. J. Rosenbaum Grain Co.

Fifth Circuit

Railroad Commission v. J. Rosenbaum Grain Co.

130 F. 110, 64 C.C.A. 444, 1904 U.S. App. LEXIS 4142

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 14, 1904

DocketNo. 1,313

StatusPublished

Cited by4 cases

This text of 130 F. 110 (Railroad Commission v. J. Rosenbaum Grain Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Railroad Commission v. J. Rosenbaum Grain Co., 130 F. 110, 64 C.C.A. 444, 1904 U.S. App. LEXIS 4142 (5th Cir. 1904).

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Opinion

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 [111]*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.

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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 [111]*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.

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130 F. 110, 64 C.C.A. 444, 1904 U.S. App. LEXIS 4142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railroad-commission-v-j-rosenbaum-grain-co-ca5-1904.

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