In the case of Black and White Taxicab Co. v. Brown and
Yellow Taxicab Co., the Brown and Yellow
Cab Company, a Kentucky corporation, sought to create a business association
with the Louisville and Nashville Railroad, where Brown and Yellow would have a
monopoly on soliciting passengers of the railroad, effectively eliminating the
competition, the Black and White Cab Co.
Such
an agreement was illegal under Kentucky common law, as interpreted by
Kentucky's highest court. So, Brown & Yellow lost.
This
case came out before the rules about a corporation existing in their principle
place of business were defined.
Brown
and Yellow dissolved itself, reincorporated in Tennessee, and executed the
agreement there, where such an agreement was legal, bringing suit against
Black and White in a Kentucky Federal Court to prevent them from
soliciting passengers.
The
Federal Court upheld the agreement, citing Swift v. Tyson, and arguing that under general Federal common
law, the agreement was valid. If Brown and Yellow had brought suit in a
Kentucky state court, the agreement would not have been upheld.
This
case would have turned out differently if it had happened after the Erie
Doctrine was developed. (see Erie
Railroad Co. v. Tompkins)