Legal Opinion
Burlington Northern Railroad v. Interstate Commerce Commission
Court of Appeals for the D.C. Circuit
Decided February 9, 1993No. Nos. 88-1114, 88-1257, 89-1149, 89-1192, 91-1255 and 91-1360PublishedCited by 1 opinion
1Opinion of the Court
Opinion for the Court filed by Circuit Judge, STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
Montana wheat and barley farmers ship their grain via Burlington Northern to ports in the Pacific Northwest for transportation to markets in the Pacific Rim. The Interstate Commerce Commission, in a decision not contested here, has found Burlington to have “market dominance” over these shipments; as a result, the Commission has jurisdiction over the rates. See 49 U.S.C. §§ 10701a(b)(l) and 10709(b) (1988). In the set of decisions under review the Commission awarded the shippers over $16…
2Cases cited5 opinions
- Cross-Sound Ferry Services, Inc. v. Interstate Commerce Commission and United States of America, and Viking Starship, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1991
- Central of Georgia Railroad Co. v. United StatesDistrict Court, District of Columbia · 1974
- United States Clay Producers Traffic Ass'n v. Central of Georgia RailroadDistrict Court, W.D. Pennsylvania · 1975
- Sandstone Resources, Inc. v. Federal Energy Regulatory Commission, Columbia Gas Transmission Corporation, IntervenorCourt of Appeals for the D.C. Circuit · 1992
- McCarty Farms, Inc. v. Burlington Northern, Inc.District Court, D. Montana · 1992