Legal Opinion
Federal Express Corp. v. California Public Utilities Commission
District Court, N.D. California
Decided October 11, 1989No. C-87-4891 MHPPublishedCited by 2 opinions
1Opinion of the Court
SUPPLEMENTAL OPINION
PATEL, District Judge.
Plaintiff, a nationwide small package express delivery service, brought this action seeking a declaration that California Public Utilities Code §§ 486-496 are unconstitutional as an impermissible burden on interstate commerce under the Commerce Clause and as preempted by the Airline Deregulation Act (“the Act”), 49 U.S.C. App. § 1305. Plaintiff also seeks an injunction preventing defendants from enforcing regulations promulgated pursuant to state statutory authority. By order of March 30, 1989, the court granted defendants’ motion for summary judgment…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
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3Cited by2 opinions
- Federal Express Corp. v. California Public Utilities CommissionCourt of Appeals for the Ninth Circuit · 1991
- Federal Express Corporation v. California Public Utilities CommissionCourt of Appeals for the Ninth Circuit · 1991