Pennsylvania Public Utility Commission v. United States

I dissent and would dismiss the Amended Complaint, since I disagree with that portion of the majority opinion beginning with the last full paragraph on page 6 and ending on the third line of page 10.

All the notices required to be posted and sent to state officials were posted and sent on or before February 17. The only possible non-compliance with the wording of 49 U.S.C. § 13a(l) was the filing of the Notice with the Commission before 11 A.M. on February 18. On the three prior occasions when the Commission conducted an investigation and hearings on the Railroad’s application to discontinue…