Legal Opinion · Dissent

United States v. The Atchison, Topeka and Santa Fe Railway Co.

Court of Appeals for the Ninth Circuit

Decided November 10, 1975No. 74--1061Published

1DissentEugene A. Wright, Circuit Judge

With due respect, I dissent and would adopt the language of the district court:

Here the Government is attempting to impose a serious sanction. It must therefore convince the Court that Stockton is not a “designated terminal”. It suffices to say that it has not done so. If Congress intended to provide that Stockton and similar cities are not “designated” terminals, i. e., not appropriate for the purposes of the legislation, its message has not carried across to this Court.

United States v. Atchison, Topeka & Santa Fe Railway Co., 363 F.Supp. 644, 648 (N.D.Cal.1973).

I would hold that any Santa…

2Cases cited1 opinion

  1. United States v. Atchison, Topeka & Santa Fe Railway Co.District Court, N.D. California · 1973

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