Interstate Commerce Commission v. Atchison, T. & S. F. R.

No. 93
Decided Circuit Court of Appeals, Ninth Circuit
Disposition
dismissed
full scope
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Court
Circuit Court of the United States for the Southern District of California
Decided
Posture
Judgment from Circuit Court of the United States for the Southern District of California
Plaintiff/Appellant (1)
INTERSTATE COMMERCE COMMISSION
Henry S. Foote, United States attorney
v.
Defendant/Appellees (2)
ATCHISON, T. & S. F. R. CO.

Overview

The appeal is dismissed on motion of appellant's attorney. See 50 Fed. 295.

Case summary

The Interstate Commerce Commission appealed a decision from the Circuit Court of the United States for the Southern District of California to the Circuit Court of Appeals, Ninth Circuit. The appeal was dismissed on June 1, 1896, on motion of the appellant's attorney, Henry S. Foote, the United States attorney. No substantive opinion was issued, and the case was terminated without reaching the merits of the underlying dispute involving the Atchison, Topeka & Santa Fe Railway Company.

Abstract

The Interstate Commerce Commission appealed a lower court decision involving a railway company, but the appeal was dismissed on motion of the appellant's attorney without reaching the merits or issuing a substantive opinion. The case was terminated voluntarily by the government's representative. A prior related federal decision was referenced.

Opinion of the court

Majority
opinion
  • Appeal dismissed on motion of appellant's attorney
  • No substantive opinion issued

Jurisdiction

not challenged
Subject matter
Federal question jurisdiction under Interstate Commerce Act
Jurisdictional facts
  • Appeal from the Circuit Court of the United States for the Southern District of California

Procedural posture

Posture at trial
Judgment from Circuit Court of the United States for the Southern District of California
Posture on appeal
Direct appeal

Legal categories

Business

Case record

Full case name
INTERSTATE COMMERCE COMMISSION v. ATCHISON, T. & S. F. R. CO.
Docket number
No. 93
Court
Circuit Court of Appeals, Ninth Circuit
Trial court
Circuit Court of the United States for the Southern District of California
Decided

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

Procedural discretion

Disposition rationale

Appellant's attorney moved for dismissal

Preservation

Issue preserved for review

Holdings of the court

Disposition of appeal
Appeal dismissed on motion of appellant's attorney
Appellant's attorney, Henry S. Foote, moved for dismissal, and the court granted the motion
unanimousnon-binding

Standards of review

  • Dismissal of appeal — abuse of discretion Court exercised discretion to grant appellant's motion to dismiss

Timeline

appeal eventcited in opinion

Circuit Court of Appeals, Ninth Circuit dismisses appeal on motion of Henry S. Foote, United States attorney, for appellant

Outcome: Appeal dismissed

Case terminated without substantive ruling on merits

JurisdictionProcedural dismissal
Circuit Court of Appeals, Ninth Circuit · Henry S. Foote · INTERSTATE COMMERCE COMMISSION · ATCHISON, T. & S. F. R. CO. appellate court

Facts & evidence

Procedural history

2 steps
  1. Appeal filed in Circuit Court of Appeals, Ninth Circuit
  2. Dismissed on motion of appellant's attorney

Authorities

Cited authorities (1)

50 Fed. 295
citedprior appeal
Referenced as related prior appeal in dismissal order

Related cases (1)

50 Fed. 295
prior appeal
Referenced but not described in this opinion

Statutes

  • Interstate Commerce Act (implied jurisdictional basis)

Standards & doctrines

  • Discretionary dismissal on attorney motion

Legal principles applied

  • Attorney authority to move for dismissal of client's appeal
  • Court discretion to grant procedural motions
Index terms40
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Judges
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
dismissed
Target
appeal
Appealed from
Circuit Court of the United States for the Southern District of California
Context
Appeal dismissed on motion of Henry S. Foote, United States attorney, for appellant
Scope
full
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Statutes cited