Legal Opinion
Southern Pacific Transportation Co. v. Public Utilities Commission
District Court, N.D. California
Decided November 3, 1986No. C-86-2480-WWSPublishedCited by 37 opinions
1Opinion of the Court
MEMORANDUM OF OPINION AND ORDER
SCHWARZER, District Judge.
This is an action brought by Southern Pacific Transportation Company (“Southern Pacific”) for declaratory and injunctive relief against General Orders Nos. 26-D and 118 issued by defendant Public Utilities Commission of the State of California (“CPUC”). Southern Pacific contends that the orders are preempted by the Federal Railroad Safety Act (“FRSA”) and constitute an unreasonable burden on interstate commerce. CPUC has moved for summary judgment.
STATEMENT OF FACTS
In 1948, CPUC adopted General Order No. 26-D. This order prescribes the…
2Cases cited14 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
- Bibb v. Navajo Freight Lines, Inc.Supreme Court of the United States · 1959
- Bethlehem Steel Co. v. New York State Labor Relations BoardSupreme Court of the United States · 1947
- White v. Massachusetts Council of Construction Employers, Inc.Supreme Court of the United States · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Missouri Pacific Railroad Company v. Railroad Commission of TexasCourt of Appeals for the Fifth Circuit · 1987
- CSX Transportation, Inc. v. MillerCourt of Special Appeals of Maryland · 2004
- Frederick W. Tyrrell v. Norfolk Southern Railway CompanyCourt of Appeals for the Sixth Circuit · 2001
- Missouri Pacific Railroad v. Railroad Commission of TexasCourt of Appeals for the Fifth Circuit · 1988
- Grimes v. Norfolk Southern Railway Co.District Court, N.D. Indiana · 2000
32 more not listed; retrieve them via the Exa API.