RAILROAD COMMISSION OF TEXAS ET AL.
v.
HUMBLE OIL & REFINING CO.

U.S. | 1941-01-06
No. 57
■■ The Chief Justice, Mr. Justice McReynolds and Mr. Justice Roberts .dissent.
311 U.S. 578 Supreme Court of the United States (1941) Caution
Also reported at: 85 L. Ed. 363 · 61 S. Ct. 347 · 1941 U.S. LEXIS 1063 · SCDB 1940-052
Cited by 2 cases

Opinion of the Court
Mr. Justice Frankfurter

Mr. Justice Frankfurter delivered the opinion of the^ Court.

This case is a companion case to Railroad Commission v. Rowan & Nichols Oil Co., ante, p. 570. There are minor variations in the facts of the two cases, but not of sufficient moment to call for particularization. The decision, in the Rowan & Nichols case is decisive of this.

The decree is vacated and the case is remanded to the district court for dismissal of the complaint.

Vacated.

[...] The Chief Justice, Mr. Justice McReynolds and Mr. Justice Roberts .dissent.


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  • Phillips v. United States, 312 U.S. 246 (U.S. 1941)
    …in “the execution of an order made by an administrative.. . . commission,” and as such was indubitably within' § 266. [*254] Compare Railroad Commission v. Rowan & Nichols Oil Co., 311 U. S. 570, and Railroad Commission v. Humble Oil & Refining Co., 311 U. S. 578. Had a timely appeal been taken to the circuit court of appeals the decree below could have been reviewed there, though rendered by three judges. Healy v. Ratta, 289 U. S. 701; 67 F. 2d 554; 292 U. S. 263. While this Court cannot hear the merits, i…

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