Legal Opinion

Southern Railway Co. v. Seaboard Allied Milling Corp.

Supreme Court of the United States

Decided October 1, 1979No. 78-575PublishedCited by 212 opinions

1Opinion of the CourtJustice Stevens

On September 14, 1977, the Interstate Commerce Commission decided not to exercise its authority under § 15 (8) (a) of the Interstate Commerce Act (Act) to order a hearing to investigate the lawfulness of a seasonal rate increase proposed by a group of railroads. The question presented is whether the Commission’s refusal to conduct such an investigation is subject to judicial review.

Because the Courts of Appeals for the Eighth Circuit, Seaboard Allied Milling Corp. v. ICC, 570 F. 2d 1349, and the District of Columbia Circuit have answered this question differ ently, 2 we granted certiorari.…

2Cases cited19 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  4. Hicks v. MirandaSupreme Court of the United States · 1975
  5. Barlow v. CollinsSupreme Court of the United States · 1970

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3Cited by212 opinions

  1. Heckler v. ChaneySupreme Court of the United States · 1985
  2. United States v. FaustoSupreme Court of the United States · 1988
  3. Block v. Community Nutrition InstituteSupreme Court of the United States · 1984
  4. National Labor Relations Board v. United Food & Commercial Workers Union, Local 23Supreme Court of the United States · 1987
  5. Joseph Ngure v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Eighth Circuit · 2004

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