Case Citator › Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.

Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
204 U.S. 426
Decided
Confirmed treatments
1
Flagged citations read
53 of 53
Citing cases (total)
53
Treatment dates
1911
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co. remains authority for initial agency review of filed rail rates, subject to a later limit. The United States Commerce Court held that Abilene's requirement to bring a rate challenge to the Interstate Commerce Commission first did not make the Commission's denial conclusive or foreclose judicial review.
More on how this was screened

All 53 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

53 later cases cite Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.; 53 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The court declined to extend Abilene's initial agency review rule to make the Commission's denial of a shipper's complaint conclusive.

    Procter & Gamble Co. v. United States · United States Commerce Court · filed

    It was decided, however, in Texas & Pacific Railway Co. v. Abilene Cotton Oil Co., 204 U. S. 426, 27 Sup. Ct. 350, 51 L. Ed. 553, that redress by a carrier against an unjust and unreasonable rate must be sought in the first instance by proceedings before the commission, and that only after that could an action be maintained against the carrier for reparation based on the result. ... And it cannot be that the implication by which this is brought about is to be carried so far as to make the action of the commission conclusive where relief is denied.
    Read the full opinion on CourtListener →

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