Legal Opinion
Federal Express Corp. v. California Public Utilities Commission
District Court, N.D. California
Decided March 30, 1989No. C-87-4891 MHPPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PATEL, District Judge.
Plaintiff, which provides a nationwide small package express delivery service, brought this action seeking a declaration that California Public Utilities Code §§ 486-496 are unconstitutional as an impermissible burden on interstate commerce under the Commerce Clause and as preempted by the Airline Deregulation Act (“the Act”), 49 U.S.C.App. § 1305. Plaintiff also seeks an injunction preventing defendants from enforcing regulations promulgated pursuant to state statutory authority. The case is now before the court on cross-motions for summary judgment.…
2Cases cited16 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
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3Cited by4 opinions
- Federal Express Corporation v. Tennessee Public Service CommissionCourt of Appeals for the Sixth Circuit · 1991
- Frontier Airlines, Inc. v. United Air Lines, Inc.District Court, D. Colorado · 1989
- Federal Express Corp. v. California Public Utilities CommissionDistrict Court, N.D. California · 1989
- Abou-Jaoude v. British AirwaysCalifornia Court of Appeal · 1991