Legal Opinion

Union Pacific Railroad Company v. Public Utility Commission of the State of Oregon State of Oregon

Court of Appeals for the Ninth Circuit

Decided March 28, 1990No. 87-4211PublishedCited by 46 opinions

1Opinion of the Court

JAMES R. BROWNING, Circuit Judge:

The State of Oregon imposes a levy on railroads doing business in Oregon to recoup the costs of regulating railroad operations within that state. See Or.Rev.Stat. § 756.310. Union Pacific Railroad Company sought and obtained a declaratory judgment that the levy violates a provision of the Railroad Revitalization and Regulatory Reform Act (“4-R Act”) prohibiting the imposition of a “tax that discriminates against a rail carrier.” See 49 U.S.C. § 11503(b)(4). 1 The only question present ed in this appeal is one of statutory interpretation: does § 11503(b)(4) of…

2Cases cited15 opinions

  1. Edye v. RobertsonSupreme Court of the United States · 1884
  2. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
  3. National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974
  4. United States v. Sperry Corp.Supreme Court of the United States · 1989
  5. Massachusetts v. United StatesSupreme Court of the United States · 1978

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

3Cited by46 opinions

  1. Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
  2. Consolidated Rail Corp. v. Town of Hyde ParkCourt of Appeals for the Second Circuit · 1995
  3. San Juan Cellular Telephone Company, Etc. v. Public Service Commission of Puerto RicoCourt of Appeals for the First Circuit · 1992
  4. Bidart Brothers, a California Corporation v. The California Apple CommissionCourt of Appeals for the Ninth Circuit · 1996
  5. Wheeling & Lake Erie Railway Company v. Public Utility Commission Of The Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1998

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API