Legal Opinion

Consolidated Rail Corp. v. United States

Court of Appeals for the Third Circuit

Decided March 28, 1980No. Nos. 78-1575, 78-1740 and 79-1640PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Petitioners in these consolidated cases have asked us to review final orders of the Interstate Commerce Commission that formulate and partially implement new car service rules governing the rates paid by the railroads for the use of each other’s freight cars. The ICC formulated the new rules pursuant to a 1976 amendment to the Interstate Commerce Act, but chose to implement the new car service, rate formula piecemeal, giving immediate effect only to the revised cost of capital portion of the car service formula while leaving other portions of the…

2Cases cited10 opinions

  1. Volkswagenwerk Aktiengesellschaft v. Federal Maritime CommissionSupreme Court of the United States · 1968
  2. United States v. Allegheny-Ludlum Steel Corp.Supreme Court of the United States · 1972
  3. Interstate Commerce Commission v. J-T Transport Co.Supreme Court of the United States · 1961
  4. Maurice Shannon v. United States Department Of Housing And Urban DevelopmentCourt of Appeals for the Third Circuit · 1970
  5. Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1974

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3Cited by11 opinions

  1. Brae Corporation v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, E.F. Hutton Credit Corporation, Seattle & North Coast Railroad Company, Intervenors. Brae Corporation v. United States of America and Interstate Commerce Commission, Pittsburgh & Lake Erie Railroad Company, Consolidated Rail Corporation, American Short Line Railroad Association, Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Angelina and Neches River Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser Company, Intervenors. Brae Corporation v. United States of America and Interstate Commerce Commission, Pittsburgh & Lake Erie Railroad Company, American Short Line Railroad Association, Freight Users Association of Long Island, Inc., Consolidated Rail Corporation, Southern Pacific Transportation Company, Angelina and Neches River Railroad, E.F. Hutton Credit Corporation, Weyerhaeuser Company, Intervenors. Brae Corporation v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Freight Users Association of Long Island, Inc., Southern Pacific Transportation Company, E.F. Hutton Credit Corporation, Intervenors. American Paper Institute, Inc. v. United States of America and Interstate Commerce Commission, Brown Transport Corporation, Consolidated Rail Corporation, Freight Users Association of Long Island, Inc., Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Angelina and Neches River Railroad, Brick Association of North Carolina, American Trucking Associations, Inc., National Grain and Feed Association, American Newspaper Publishers Association, Canadian Pulp and Paper Association, Intervenors. International Paper Company v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Pacific Transportation Company, Common Carrier Conference-Irregular Route of American Trucking Associations, Inc., Brick Association of North Carolina, Intervenors. The National Industrial Transportation League v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Traffic League, Inc., Southern Pacific Transportation Company, Eastern Industrial Traffic League, Inc., Brick Association of North Carolina, Volkswagen of America, Inc., Intervenors. Itel Corporation, Rail Division v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, East Camden & Highland Railroad Company, Funding Systems Railcar, Inc., Southwest Forest Industries, Inc., Valdosta Southern Railroad Company, Apalachicola Northern Railroad Co., Sabine River & Northern Railroad Company, Marinette, Tomahawk & Western Railroad Co., Little Rock & Western Railway Corp., Southern Pacific Transportation Company, Intervenors. Ford Motor Company v. United States of America and Interstate Commerce Commission, Canadian Pulp and Paper Association, Brick Association of North Carolina, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. Continental Forest Industries, Inc. v. United States of America and Interstate Commerce Commission, Canadian Pulp and Paper Association, Brick Association of North Carolina, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. Sysco Corporation v. United States of America and Interstate Commerce Commission, Brick Association of North Carolina, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. Patrick W. Simmons v. United States of America and Interstate Commerce Commission, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. The Aluminum Association, Inc. v. United States of America and Interstate Commerce Commission, Canadian Pulp and Paper Association, Brick Association of North Carolina, Burlington Northern Railroad Company, Southern Pacific Transportation Company, Consolidated Rail Corporation, Intervenors. The Bangor and Aroostook Railroad Company, Delaware and Hudson Railway Company and Maine Central Railroad Company v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Pacific Transportation Company, Intervenors. Canadian National Railway Company and Canadian Pacific Limited v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Southern Pacific Transportation Company, Intervenors. National Railway Utilization Corporation, Pickens Railroad Co., Peninsula Terminal Co., the Mississippian Railway, Inc., Graham County Railroad, Inc., Atlantic & Western Railway Co. v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Intervenors. Central Vermont Railway, Inc., Detroit, Toledo and Ironton Railroad Company and Grand Trunk Western Railroad Co. v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Intervenors. Sea-Land Service, Inc. And Sea-Land Freight Service, Inc. v. United States of America and Interstate Commerce Commission, Totem Ocean Trailer Express, Inc., Intervenor. H.C. Spinks Clay Co., Inc. v. United States of America and Interstate Commerce Commission, Board of Trade of the City of Chicago v. United States of America and Interstate Commerce Commission, Consolidated Rail Corporation, Intervenors. Sandersville Railroad Company v. United States of America and Interstate Commerce Commission, Illinois Central Gulf Railroad Co. v. United States of America and Interstate Commerce Commission, Chattahoochee Industrial Railroad, Great Southern Paper, Leaf River Forest Products, Inc., and the Old Augusta Railroad Co. v. United States of America and Interstate Commerce Commission, Bessemer and Lake Erie Railroad Company and Elgin, Joliet and Eastern Railway Company v. United States of America and Interstate Commerce Commission, American Paper Institute, Inc. v. United States of America and Interstate Commerce Commission, Lamoille Valley Railroad Co., of Morrisville, Lamoille County, Vermont v. United States of America and Interstate Commerce Commission, Rubber Manufacturers Association v. United States of America and Interstate Commerce Commission, National Industrial Transportation League, Intervenor. Evans Products Company v. United States of America and Interstate Commerce Commission, Board of Port Commissioners for the City of Oakland v. United States of America and Interstate Commerce Commission, the National Industrial Transportation League v. United States of America and Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1984
  2. Brae Corp. v. United StatesCourt of Appeals for the D.C. Circuit · 1984
  3. Frank J. Laird v. Interstate Commerce Commission and United States of America, the Kansas City Southern Railway Company, IntervenorCourt of Appeals for the Third Circuit · 1982
  4. Consol. Rail Corp. v. Metro-North Commuter R. Co.Special Court under the Regional Rail Reorganization Act · 1986
  5. F.P. Corp. v. Ken Way Transportation, Inc.District Court, E.D. Pennsylvania · 1994

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