State of Texas v. United States of America and Interstate Commerce Commission
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The State of Texas challenges the ICC requirement that it approve a tariff for intrastate contract carriage of wheat by rail that does not disclose the rate to be charged. Texas contends that the rate is an essential term of the contract and that disclosure of such an essential term is required by statute. It also seeks review of the ICC order putting the tariff into effect on various other grounds. We conclude that the ICC order was valid, and deny review.
I
Burlington Northern Railroad Company filed with the Texas Railroad Commission and with the Interstate…
2Cases cited14 opinions
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- Functional Music, Inc. v. Federal Communications Commission, Functional Music, Inc. v. United States of America, Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1959
- National Labor Relations Board v. Haberman Construction CompanyCourt of Appeals for the Fifth Circuit · 1981
- Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1981
- Henry Geller v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1979
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3Cited by27 opinions
- State of Texas v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1985
- Water Transport Ass'n v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1987
- The Railroad Commission of Texas v. United States of America and Interstate Commerce Commission, Association of American Railroads, IntervenorCourt of Appeals for the D.C. Circuit · 1985
- American Stewards of Liberty v. Department of the InteriorDistrict Court, W.D. Texas · 2019
- Burlington Northern Railroad Company, and Kansas City Southern Railway Company v. Public Utility Commission of TexasCourt of Appeals for the Fifth Circuit · 1987
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