Legal Opinion

Texas v. United States

Court of Appeals for the Fifth Circuit

Decided September 6, 1985No. Nos. 84-4169, 84-4386PublishedCited by 2 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

The State of Texas seeks review of orders of the Interstate Commerce Commission, issued under 49 U.S.C. § 10505, granting exemptions from state and federal regulations to intrastate trailer-on-flatcar (TOFC) and container-on-flatcar (COFC) activity done in conjunction with intrastate rail transportation. Concluding that the I.C.C. went beyond the scope of the authority granted by the Congress, we grant the petitions for review and reverse the challenged orders.

Facts

Several railroads operating in the State of Texas are engaged in the transportation of goods by combined…

2Cases cited2 opinions

  1. 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
  2. American Trucking Associations, Inc. And Saia Motor Freight Lines, Inc. v. Interstate Commerce Commission and United States of America, Board of Commissioners of the Port of New Orleans v. United States of America and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1981

3Cited by2 opinions

  1. Interstate Commerce Commission v. TexasSupreme Court of the United States · 1987
  2. State of Texas v. United States of America and Interstate Commerce Commission, Missouri-Kansas-Texas Railroad Company, Missouri Pacific Railroad Company, and Southern Pacific Transportation Company, Intervening-Respondents. The State of Texas v. United States of America and Interstate Commerce Commission, Road-Rail Transportation Company, Inc., Intervening-RespondentCourt of Appeals for the Fifth Circuit · 1985

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