A suit arises under federal law when it substantially involves a dispute respecting the validity, construction, or effect of an act of Congress.
A railroad company sued a consignee to recover unpaid disinfection charges for interstate livestock shipments prescribed by a published tariff. The consignee argued the district court lacked jurisdiction because the legality of the rate was not in dispute and the carrier was estopped from seeking further payment. The court determines whether a suit arises under federal law by the legal construction of the plaintiff's allegations. Because the carrier's claim is based on a tariff approved under the Interstate Commerce Act, the suit substantially involves the effect of that act. The court holds that the district court has original jurisdiction.
At page 202 Jurisdiction under the interstate commerce act9 citing cases“carrier to collect and consignee to pay all lawful charges duly prescribed by the tariff in respect of every shipment,”
- United Van Lines, LLC v. Clark, No. 5:23-cv-00186 (W.D. Tex. Aug. 8, 2023). Co. v. Rice, 247 U.S. 201, 202 (1918)).
- C.A.R. Transp. Brokerage Co. v. Darden Restaurants, Inc., 213 F.3d 474 (9th Cir. 2000).publishedTheir duty and obligation grow out of and depend upon that act." Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 202 (1918).
- MCI Telecomm. Corp. v. Teleconcepts, Inc., 71 F.3d 1086 (3d Cir. 1995).The court's analysis relied heavily upon an analogous inquiry of the Supreme Court under the Commerce Act in Louisville & N. R. v. Rice, 247 U.S. 201, 202 (1918).
- MCI Telecomm. Corp. v. David Graham, 7 F.3d 477 (6th Cir. 1993).publishedUltimately, a user’s obligation to make payments for interstate telephone service at the rate fixed by tariff “ ‘[grows] out of and [depends] upon’ the Communications Act in the same way that a shipper’s duty to pay for interstate freight…
- N. Pac. Ry. Co. v. United States (Three Cases), 213 F.2d 366 (8th Cir. 1954).published Co. v. Rice, 247 U.S. 201, 202, 203 , 38 S.Ct. 429 , 62 L.Ed. 1071 .
- Bernstein Bros. Pipe & Mach. Co. v. Denver & R.G.W.R. Co, 193 F.2d 441 (10th Cir. 1951).publishedCo, v. Rice, 247 U.S. 201, 202, 203 , 38 S.Ct. 429 , 62 L.Ed. 1071 , that a suit to recover a freight undercharge arises under a law regulating commerce, since the duty to pay and the right and obligation to collect grow out of and depend…
- Great Lakes Gas Transmission Ltd. P'ship v. Essar Steel Minnesota, LLC, 103 F. Supp. 3d 1000 (D. Minn. 2015).published (holding that the plaintiffs action arises under federal law because the ICA required the “carrier to collect and consignee to pay all lawful charges duly prescribed by the tariff in respect of every shipment,” so that “…)
- W. Union Int'l, Inc. v. Data Dev., Inc., 41 F.3d 1494 (11th Cir. 1995).published See Rice, 247 U.S. at 202 , 38 S.Ct. at 429 .
- Ivy Broad. Co. v. Am. Tel. & Tel. Co. & New York Tel. Co., 391 F.2d 486 (2d Cir. 1968).published
At page 201 Mr. Justice McReynolds delivered the opinion of the court. Did the District Court rightly decide that it had no jurisdiction, is the' only question presented.…1 citing case
- IL Bell Tele Co v. Ferrous Miner Holdin, No. 07-3425 (7th Cir. Dec. 22, 2008).publishedLouisville & Nashville R.R. v. Rice, 247 U.S. 201, 201-03 (1918); Thurston Motor Lines, Inc. v. Jordan K.
At page 203 “the parties are held to the responsibilities imposed by the federal law, to the exclusion of all other rules of obligation.”1 citing case
- Bryan v. BellSouth Commc'ns Inc, No. 03-1316 (4th Cir. July 28, 2004).publishedRand, Ltd., 460 U.S. 533, 534-35 (1983) (concluding that suit to collect charges due under tariff gives rise to federal jurisdic- tion), Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 203 (1918) (same). 7 In fact, the Federal Communica…
Other citing cases
- Great Lakes Gas Transmission Ltd. P'ship v. Essar Steel Minnesota LLC, 843 F.3d 325 (8th Cir. 2016).published
- Worldcom v. NH Exteriors, No. CV-98-523-M (D.N.H. Mar. 9, 1999).published
- Delta Traffic Serv., Inc. v. Georgia-Pac. Corp., 684 F. Supp. 769 (D. Conn. 1987).published
v.
Rice
delivered the opinion of the court.
Did the District Court rightly decide that it had no jurisdiction, is the' only question presented.
Plaintiff in error sued to recover one hundred and forty-five dollars claimed to be due under/ tariffs approved and. published as required by Interstate Commerce'Act, for disinfecting fifty-eight cars containing live stock shipped[*202] -from points outside the State and delivered to defendant, the consignee, at New Orleans, Louisiana. It alleged presentation of bills covering each shipment and payment by-defendant of all charges except those for disinfecting — two dollars and fifty cents per car.
Answering, defendant admitted the shipments were interstate; that he paid all lawful charges, except those sued for; and that these had been properly prescribed under and pursuant to the Interstate Commerce Act. But he denied liability for these reasons: As the carrier well knew, or should have known, he had long been engaged in the business of factor or commission merchant; in due course while acting as representative for their owners and consignors he received the live stock, sold them immediately upon arrival, deducted expenses, etc., and remitted balance of proceeds to his principals; when the cars arrived he paid all charges actually demanded; he was not then advised and remained unaware that any others were contemplated until such balance had been remitted. Having led him to believe the amount asked ancf paid before he remitted entire net proceeds constituted full settlement, the carrier is now estopped from demanding more of him.
The trial court upon its own initiative dismissed the action for want of jurisdiction.
Section 24 of the Judicial Code provides that regardless of amount involved District Courts shall have original jurisdiction “of all suits and proceedings arising under any law regulating commerce.” The .Interstate Commerce Act requires carrier to collect and consignee to pay all lawful charges duty prescribed by the tariff in respect of every shipment. Their duty and obligation grow out of and depend upon that act.
In support of the trial court it is said: There is no jurisdiction unless the suit in part at least arises out of a controversy in regard to operation or effect of the act of Congress. Here there is no dispute as to legality of rate[*203] or its application to the shipments; and consignee’s liability was frilly discharged upon payment by him of amount demanded at time of. delivery and surrender of the carrier’s lien.
“Cases arising under the laws of the United States are such as grow out of the-legislation of^Congress.” Tennessee v. Davis, 100 U. S. 257, 264. “ Whether a party claims a righbunder the Constitution or laws of the United States is to be ascertained by the legal construction of its own allegations.” Central R. R. Co. of New Jersey v. Mills, 113 U. S. 219, 257. “If the plaintiff really makes a substantial claim under an act of Congress there is juris-" diction whether the claim ultimately be held good or bad.” The Fair v. Kohler Die Co., 228 U. S. 22, 25. A suit arises under an act of Congress when “it really and substantially involves a dispute or controversy respecting the validity, construction or effect of such a. law, upon the-determination of which the result /depends.” Shulthis v. McDougal, 225 U. S. 561, 569. As to interstate shipments “there can be no question that, since the decision in the Croninger Case [226 U. S. 491], the parties are held" to the responsibilities imposed by the federal law, to the exclusion of all other rules of obligation.” St. Louis, Iron Mountain & Southern Ry. Co. v. Starbird, 243 U. S. 592, 595; Louisville & Nashville R. R. Co. v. Maxwell, 237 U. S. 94, 97.
The railroad company set up a claim based upon provisions of a tariff duly filed, published and approved as required by Interstate Commerce Act; result of the action necessarily depended upon construction and effect of that act.
We think the District Court had jurisdiction. Its judgment is accordingly reversed and the cause remanded for further proceedings in conformity with this opinion.
Reversed.