Legal Opinion

Baltimore v. United States

Court of Appeals for the Third Circuit

Decided September 6, 1978No. Nos. 77-1714, 77-1732PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

Petitioners in these consolidated cases1 request us to set aside an order of the Interstate Commerce Commission (ICC) entered on April 7, 1977, in Ex Parte No. 289, “Remittance of Demurrage Charges by Common Carriers of Property by Rail.”2 By its order, the ICC adopted a regulation *681requiring the remittance to freight car owners of all demurrage charges collected by the delivering carrier that are in excess of ten dollars per day per car.3 Specifically, petitioners maintain that the order exceeds the statutory power of the agency; that it is arbitrary,…

2Cases cited36 opinions

Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
Udall v. TallmanSupreme Court of the United States · 1965
Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
Unemployment Compensation Comm'n of Alaska v. AragonSupreme Court of the United States · 1946

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

3Cited by1 opinion

Baltimore and Ohio Chicago Terminal Railroad Company v. United States of America and Interstate Commerce Commission, Central Vermont Railway, Inc., Duluth, Winnipeg and Pacific Railway, and the Detroit and Toledo Shore Line Railroad Company, Intervenors, Burlington Northern Inc. And Union Pacific Railroad Company, Intervenors, Duval Sales Corporation, International Minerals & Chemical Corporation, Evans Products Company and Pullman Leasing Company, Intervenors, the Texas Mexican Railway Company, Intervenor. Aliquippa and Southern Railroad Company v. United States of America and the Interstate Commerce Commission, Duval Sales Corporation, International Minerals & Chemical Corporation, Evans Products Company and Pullman Leasing Company, Intervenors, the Texas Mexican Railway Company, IntervenorCourt of Appeals for the Third Circuit · 1978