Legal Opinion
Simmons v. Interstate Commerce Commission
Court of Appeals for the D.C. Circuit
Decided August 23, 1983No. 82-1503PublishedCited by 9 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge SCALIA.
SCALIA, Circuit Judge:
Simmons petitions under 28 U.S.C. § 2344 (1976) for review of a rule issued by the Interstate Commerce Commission. We dismiss his petition because he did not participate in the rulemaking and therefore is not an aggrieved party, within the meaning -of that section, entitled to direct review. We also hold that Simmons’ appeal, having lacked a proper jurisdictional basis from the start, cannot be pursued following his dismissal by an intervenor which also fails to meet jurisdictional requirements.
I
On September 16, 1981,…
2Cases cited27 opinions
- The Chicago Junction CaseSupreme Court of the United States · 1924
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- Penn-Central Merger & N & W Inclusion CasesSupreme Court of the United States · 1967
- Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1981
- Interstate Commerce Commission v. DiffenbaughSupreme Court of the United States · 1911
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Water Transport Ass'n v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1987
- Water Transport Association v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1987
- Arkoma Associates v. CardenCourt of Appeals for the Fifth Circuit · 1990
- Bates v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1994
- Sierra Club v. United States Nuclear Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1987
4 more not listed; retrieve them via the Exa API.