Norfolk & Western Railroad v. Nemitz

Mr. Justice Blackmun, with whom The Chief Justice and Mr. Justice White join,

dissenting.

I am sympathetic with the respondents and with the unfortunate predicament in which, largely by their own acts, they find themselves. I feel, however, that the Court’s decision to the effect that federal district court jurisdiction exists here and that the judgment of the Court of Appeals is to be affirmed amounts only to a sympathetically imposed judicial cure that is not authorized by the Interstate Commerce Act, that is violative of Congress’ intent, and that ignores unusually clear legislative history.

I…