Legal Opinion
Burlington Northern Railroad v. United Transportation Union
District Court, District of Columbia
Decided December 20, 1991No. Civ. A. 91-1851 (HHG), 91-1861PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
HAROLD H. GREENE, District Judge.
This case involves a dispute over the constitutionality and meaning of Public Law No. 102-29, 105 Stat. 169, which was signed into law by the President on April 18, 1991. Ten railroads have filed suit against the United Transportation Union (UTU) seeking a declaratory judgment that the law is constitutional. UTU, in turn, counter-claimed that the law exceeded the scope of congressional power under the Commerce Clause and constituted a taking within the meaning of the Fifth Amendment. UTU has also sued the United States challenging the…
2Cases cited25 opinions
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- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
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