Eshelman

Southern Pac. Co. v. Eshelman

Good Law
227 F. 928·1914 U.S. Dist. LEXIS 1242
United States District Court, Northern District of CaliforniaMay 26, 1914No. 29California1,613 words

Opinion

lead Opinion

Fleet, J.

This is a bill seeking to restrain the Railroad Commission of the state, its attorney, and certain other officers charged with the enforcement of the Public Utilities Act of the state (St. Cal. 1911 [Ex. Sess.] p. 18), approved December 23, 1911, from asserting the right to enforce, as against plaintiff, a nonresident corporation engaged as a common carrier by railroad in local and interstate commerce in this and various other states, the provisions of that act in certain respects. Stated in a briéf and very general way, the particular transaction counted upon as giving rise to the controversy relates to a proposed contract of guaranty by plaintiff of an issue of equipment trust certificates under a trust agreement, which it is alleged plaintiff finds it necessary, for want of ready funds, to make to enable it to secure equipment in the way of locomotives, cars, etc., essential for the efficient carrying on of its business as such common carrier- — it being alleged that notwithstanding all proceedings for such proposed issue and all contracts relating thereto will be had and executed in New York, where the certificates will be issued and the interest made payable, that none of the…

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