Today in Supreme Court History: August 3

Breswick & Co. v. United States, 75 S.Ct. 912 (decided August 3, 1955): The Interstate Commerce Commission had approved a merged railroad’s application to be considered a common carrier, but ran into objections of prior shareholders (who will suffer a loss) and into a turf war with the Securities and Exchange Commission.  Harlan grants a stay by fashioning a bond which will protect shareholders; decision is notable because Harlan says he is relying on the opinion of the Clerk of the Court as to whether a single Justice can issue a stay here.