Legal Opinion

Durbin Paper Stock Company v. Interstate Commerce Commission and United States of America, Florida East Coast Railway Company, Intervenors

Court of Appeals for the D.C. Circuit

Decided August 2, 1978No. 77-1328PublishedCited by 5 opinions

1Opinion of the Court

Opinion for the court filed by J. SKELLY WRIGHT, Chief Judge.

J. SKELLY WRIGHT, Chief Judge:

Presented for our review are orders of the Interstate Commerce Commission 1 dismissing a complaint filed by petitioner against several railroads for alleged violations of Sections 1(5), 1(6), and 6(7) of the Interstate Commerce Act. 2 Petitioner is a merchant of waste paper and waste wood-pulp originating at its own facilities and shipped to paper mills for recycling. Its shipments were classified by the defendant railroads under the Uniform Freight Classification tariff category for virgin “wood-pulp,”…

2Cases cited5 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. W. P. Brown & Sons Lumber Co. v. Louisville & Nashville RailroadSupreme Court of the United States · 1937
  3. Union Wire Rope Corporation v. Atchison, T. & SF Ry. Co.Court of Appeals for the Eighth Circuit · 1933
  4. Calcium Carbonate Co. v. United StatesDistrict Court, S.D. Illinois · 1966
  5. National Ass'n of Recycling Industries, Inc. v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1978

3Cited by5 opinions

  1. Koppel, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1979
  2. National Association of Recycling Industries, Inc. v. Interstate Commerce Commission and United States of America, Atchison, Topeka & Santa Fe Railway Company, American Paper Institute, Inc., Aluminum Association, Inc., Fort Howard Paper Company, Eastern Railroads, and Bergstrom Paper Company, Intervenors. National Association of Recycling Industries, Inc. v. Interstate Commerce Commission and United States of America, Atchison, Topeka & Santa Fe Railway Company, and Eastern Railroads, Intervenors. Institute of Scrap Iron and Steel, Inc. v. Interstate Commerce Commission and United States of America, Northwestern Steel & Wire Company, Eastern Railroads, Atchison, Topeka & Santa Fe Railway Company, and Armco Steel Corporation, IntervenorsCourt of Appeals for the D.C. Circuit · 1978
  3. Sears, Roebuck & Co. v. U.S. Postal ServiceDistrict Court, District of Columbia · 2015
  4. National Ass'n of Recycling Industries, Inc. v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1978
  5. Koppel, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1979

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