Legal Opinion
Fort Worth and Denver Railway Company v. Andrew L. Lewis, Jr., Etc., Railway Labor Executives Association, Intervenor-Appellee
Court of Appeals for the Fifth Circuit
Decided December 6, 1982No. 81-1405PublishedCited by 5 opinions
1Opinion of the Court
GEE, Circuit Judge:
In the fall of 1970, Congress enacted the Railway Safety Act, a comprehensive regulatory scheme granting broad rule-making authority in the interest of safety to the Secretary of Transportation.1 Among the Act’s provisions is that codified as 45 U.S.C. § 438(a), reading in pertinent part:
It shall be unlawful for any railroad to disobey, disregard, or fail to adhere to any rule ... prescribed by the Secretary under this subchapter.2
The essential issue on this appeal is whether the Secretary is authorized by the above language to do as he has recently done: promulgate…
2Cases cited4 opinions
- Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
- Greenwood v. United StatesSupreme Court of the United States · 1956
- United States v. Jack P. InscoCourt of Appeals for the Fifth Circuit · 1974
- Fort Worth & Denver Railway Co. v. GoldschmidtDistrict Court, N.D. Texas · 1981
3Cited by5 opinions
- Sweet v. Port Terminal R.R. Ass'nTexas Supreme Court · 1983
- Fort Worth and Denver Railway Company v. Andrew L. Lewis, Jr., Etc., Railway Labor Executives Association, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Fort Worth and Denver Ry. Co. v. LewisCourt of Appeals for the Fifth Circuit · 1983
- Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1983
- Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1983