Legal Opinion

New York v. United States

Court of Appeals for the Second Circuit

Decided March 2, 1977No. 212, Docket 76-4085PublishedCited by 33 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

On this petition to review, petitioner State of New York (New York) challenges an order of the Interstate Commerce Commission (the Commission), 351 I.C.C. 470 (1976),1 which approved certain “unit train rates” of two railroads for the transportation of wheat from points in the midwest to Martins Creek, Pennsylvania.

The essential questions presented by the petition to review are (1) whether the Commission’s order failed to protect certain lake carriers against allegedly discriminatory and prejudicial rail rates in violation of § 3(4) of the Interstate Commerce Act (the…

2Cases cited19 opinions

  1. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  2. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  3. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  4. Unemployment Compensation Comm'n of Alaska v. AragonSupreme Court of the United States · 1946
  5. Isbrandtsen Co., Inc. v. United StatesCourt of Appeals for the D.C. Circuit · 1954

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3Cited by33 opinions

  1. Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1981
  2. Harborlite Corporation v. Interstate Commerce Commission and United States of America, Southern Pacific Transportation Co., IntervenorCourt of Appeals for the D.C. Circuit · 1979
  3. Connecticut Bank & Trust Co. v. Commission on Human Rights & OpportunitiesSupreme Court of Connecticut · 1987
  4. Bangor and Aroostook Railroad Company v. Interstate Commerce Commission, Maine Central Railroad Company, Intervenors. Maine Central Railroad Company v. United States of America, and Interstate Commerce Commission, Bangor and Aroostook Railroad Company, Intervenor. Robert W. Meserve and Benjamin H. Lacy, Trustees of the Property of Boston and Maine Corporation, Debtor v. United States of America, and Interstate Commerce CommissionCourt of Appeals for the First Circuit · 1978
  5. Railway Labor Executives' Ass'n v. United StatesCourt of Appeals for the Second Circuit · 1986

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