Legal Opinion

Chicago and North Western Transportation Company v. United States of America and Interstate Commerce Commission

Court of Appeals for the Seventh Circuit

Decided April 26, 1982No. 81-2195PublishedCited by 25 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This case of first impression under the 1980 Staggers Rail Act amendments to 49 U.S.C. § 10905 requires us to decide both statutory and constitutional questions relating to the meaning of the term “fair market value” applied to an abandoned railroad line.

Within ten days after the Interstate Commerce Commission announces its decision to allow a railroad to abandon a line, any person may offer to purchase the line, 49 U.S.C. § 10905(c); and if within another five days the Commission finds that the offeror and the offer are financially responsible, it must suspend its…

2Cases cited10 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. United States v. MillerSupreme Court of the United States · 1943
  3. United States v. ReynoldsSupreme Court of the United States · 1970
  4. Brooks-Scanlon Co. v. Railroad Comm'n of La.Supreme Court of the United States · 1920
  5. New Haven Inclusion CasesSupreme Court of the United States · 1970

5 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
  2. Walgreen Company v. Sara Creek Property Company, B v. A/K/A Sara Creek Beta, and Phar-Mor CorporationCourt of Appeals for the Seventh Circuit · 1992
  3. Goldstick v. ICM RealtyCourt of Appeals for the Seventh Circuit · 1986
  4. In The Matter Of Chicago, Milwaukee, St. Paul And Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1986
  5. Gustav E. Beerly, Trustee of the Gustav E. Beerly Trust v. Department of the TreasuryCourt of Appeals for the Seventh Circuit · 1985

20 more not listed; retrieve them via the Exa API.

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