Legal Opinion
Federal Express Corporation v. Tennessee Public Service Commission
Court of Appeals for the Sixth Circuit
Decided February 14, 1991No. 90-5596PublishedCited by 77 opinions
1Opinion of the Court
MILBURN, Circuit Judge.
Plaintiff-appellant Federal Express Corporation appeals the judgment of the district court dismissing on grounds of abstention its action seeking a declaration that the Tennessee Motor Carrier Act, Tennessee Code Annotated § 65-15-101 et seq., is expressly preempted by the Airline Deregulation Act of 1978, 49 U.S.C.App. § 1305, and impliedly preempted by the commerce clause, 738 F.Supp. 1140. For the reasons that follow, we affirm.
I
Federal Express is a recognized leader in the overnight delivery business. “Approximately 90 percent of all packages transported by Federal…
2Cases cited27 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
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3Cited by77 opinions
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- Geoffrey N. Fieger v. Philip J. Thomas, Grievance Administrator, and Michigan Attorney Grievance CommissionCourt of Appeals for the Sixth Circuit · 1996
- Rote v. Zel Custom Manufacturing LLCCourt of Appeals for the Sixth Circuit · 2016
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