Legal Opinion

Burlington Northern Railroad Company v. Surface Transportation Board and United States of America, West Texas Utilities Company, Intervenor

Court of Appeals for the D.C. Circuit

Decided May 23, 1997No. 96-1229PublishedCited by 20 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Petitioner, Burlington Northern Railroad Company, challenges a Surface Transportation Board decision finding the railroad’s common carrier rate for coal transport from a Wyoming mine to a Texas power plant unreasonable and ordering the rate substantially lowered. Rejecting Burlington Northern’s argument that the Board’s decision is invalid because a rate filing was ordered prematurely and finding substantial evidence that the railroad dominated the market for the complaining utility’s coal shipments, we conclude that the…

2Cases cited11 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  5. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975

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

3Cited by20 opinions

  1. Texas Office of Public Utility Counsel v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 1999
  2. Burlington Northern & Santa Fe Railway Co. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2005
  3. City of South Bend v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2009
  4. Honeywell International, Inc. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2004
  5. McCarty Farms, Inc. v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 1998

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

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