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WILSON & CO. v. DAVIS

No. 3569.

8 F.2d 484 (1925)

WILSON & CO., Inc., OF OKLAHOMA, v. DAVIS, Director General of Railroads.

Circuit Court of Appeals, Seventh Circuit.

October 10, 1925.

Attorney(s) appearing for the Case

Nuel D. Belnap and Luther M. Walter, both of Chicago, Ill., for plaintiff in error.

Alex M. Bull, of Washington, D. C., for defendant in error.

Before ALSCHULER, EVANS, and ANDERSON, Circuit Judges.

EVAN A. EVANS, Circuit Judge (after stating the facts as above).

In approaching the consideration of this question, we accept certain propositions as settled: (a) The government acted in its sovereign capacity when it "took over" and operated the railroads. Dupont De Nemours v. Davis, 264 U.S. 456, 44 S.Ct. 364, 68 L. Ed. 788. (b) As a sovereign, the government cannot be sued without the consent of Congress. Davis v. Donovan,

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