Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. United States

Court of Appeals for the Seventh Circuit

Decided March 20, 1980No. Nos. 79-2461, 79-2478PublishedCited by 5 opinions

1Opinion of the Court

SWYGERT, Circuit Judge.

The issue in these consolidated petitions for review is whether the Interstate Commerce Commission (“the Commission”) properly exercised its emergency powers under section 11123 of the Interstate Commerce Act (“the Act”), 49 U.S.C. § 11123, when it authorized the St. Louis Southwestern Railway Company (SSW) to operate temporarily over 965 miles of track owned by the Chicago, Rock Island & Pacific Railroad Company (Rock Island) which is bankrupt. Petitioner railroads and the Railroad Labor Executives Association (“RLEA”) contend that the Commission exceeded its statutory…

2Cases cited25 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  4. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  5. Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979

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3Cited by5 opinions

  1. In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor. Consolidated Appeals of Railway Labor Executives' Association, Intervenor. State of Wisconsin Department of Transportation, State of South Dakota, Port of Pend Oreille, Pend Oreille Valley Railroad Company, Inc., and Seattle and North Coast Railroad Company, InterveningCourt of Appeals for the Seventh Circuit · 1981
  2. Brewster v. DukakisDistrict Court, D. Massachusetts · 1982
  3. City of El Paso Ex Rel. Public Service Board v. ReynoldsDistrict Court, D. New Mexico · 1984
  4. The Atchison, Topeka And Santa Fe Railway Company v. United StatesCourt of Appeals for the Seventh Circuit · 1980
  5. In Re LindseyUnited States Bankruptcy Court, C.D. Illinois · 1987

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