Legal Opinion

State of Texas v. United States of America and Interstate Commerce Commission

Court of Appeals for the Fifth Circuit

Decided January 7, 1985No. 83-4318, 83-4542PublishedCited by 40 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Having fully considered the application for rehearing en banc filed jointly by Interstate Commerce Commission and the United States, the court withdraws Part IV of its prior opinion, reported at 730 F.2d 409 (5th Cir.1984), and substitutes for it the following:

IV

The ICC’s contract rate rules were not adopted in this proceeding but in Ex parte 387, Railroad Transportation Contracts, 367 I.C.C. 9 (1982). The ICC contends that, insofar as the Railroad Commission’s petition is an attack on the validity of the rules themselves, it comes too late and we lack…

2Cases cited8 opinions

  1. Functional Music, Inc. v. Federal Communications Commission, Functional Music, Inc. v. United States of America, Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1959
  2. Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1981
  3. Henry Geller v. Federal Communications Commission and United States of America, American Broadcasting Companies, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1979
  4. Alabama Ass'n of Insurance Agents v. Board of Governors of Federal Reserve SystemCourt of Appeals for the Fifth Circuit · 1976
  5. Chem-Haulers, Inc. v. The United States of America and the Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1976

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

3Cited by40 opinions

  1. Wind River Mining Corporation v. United States of America Manuel Lujan, Jr. Delos Jacobson, Director of the Bureau of Land ManagementCourt of Appeals for the Ninth Circuit · 1991
  2. GTE South, Inc. v. MorrisonCourt of Appeals for the Fourth Circuit · 1999
  3. Amberg v. Federal Deposit Insurance CorporationCourt of Appeals for the Fifth Circuit · 1991
  4. City of Arlington v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 2012
  5. Water Transport Ass'n v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1987

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

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