Legal Opinion
Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce Commission
Court of Appeals for the Fifth Circuit
Decided November 14, 1983No. 81-4257, 81-4259, 81-4277, 81-4299, 81-4334, 81-4347, 81-4354, 81-4357, 81-4365 to 81-4369, 81-4373, 81-4415, 81-4423 and 82-4021PublishedCited by 45 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Prior to 1976, the Interstate Commerce Commission (ICC) had unfettered authority to review all railroad rates under the “just and reasonable” standard promulgated by Congress.1 Then, through enactment of the *775Railroad Revitalization and Regulatory Reform Act of 1976 (the 4R Act),2 Congress sought to reduce regulatory restraints on railroad pricing decisions.3 Under the 4R Act, the ICC now has jurisdiction to review a rate only if it determines that the carrier can exclude effective competition to the extent that the carrier has “market dominance,” defined as “an absence…
2Cases cited11 opinions
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Permian Basin Area Rate CasesSupreme Court of the United States · 1968
- Batterton v. FrancisSupreme Court of the United States · 1977
- Philbrook v. GlodgettSupreme Court of the United States · 1975
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- William W. STONE, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
- First Gibraltar Bank, Fsb, and Beneficial Texas, Inc. v. Dan Morales, Atty. General, as Attorney General for the State of TexasCourt of Appeals for the First Circuit · 1994
- Midtec Paper Corp. v. United StatesCourt of Appeals for the D.C. Circuit · 1988
- First Gibraltar Bank, Fsb and Beneficial Texas, Inc. v. Dan Morales, Atty. General, as Attorney General for the State of TexasCourt of Appeals for the First Circuit · 1995
- Texas v. United StatesCourt of Appeals for the Fifth Circuit · 1984
40 more not listed; retrieve them via the Exa API.