Legal Opinion
Boston & Maine Corp. v. Interstate Commerce Commission
Court of Appeals for the D.C. Circuit
Decided August 10, 1990No. Nos. 88-1631, 88-1728, 88-1731 and 88-1732Published
1Opinion of the Court
BUCKLEY, Circuit Judge:
The action here under review is the Interstate Commerce Commission’s approval of the National Railroad Passenger Corporation’s request for the condemnation of 48.8 miles of Boston & Maine railroad track and attached property, which it immediately reconveyed to the Central Vermont Railroad. Because we find that the use of its condemnation power to force the conveyance of property from one private owner to another exceeded the Commission’s authority under the Rail Passenger Service Act, we grant the petition for review and vacate the Commission’s orders.
*3I. Background
A.…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- Berman v. ParkerSupreme Court of the United States · 1954
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
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