Legal Opinion
The Commissioner of Transportation of the State of New York v. United States of America and Interstate Commerce Commission
Court of Appeals for the Second Circuit
Decided September 18, 1984No. 1424, Docket 84-4017PublishedCited by 9 opinions
1Opinion of the Court
PIERCE, Circuit Judge.
We consider herein a challenge to the action of the Interstate Commerce Commission (“ICC” or “Commission”), preempting New York State regulation of intrastate bus fares and prescribing such rates itself. We conclude that the ICC acted within the bounds of its statutory authority and that its decision was neither arbitrary nor capricious. Consequently, we affirm.
I. BACKGROUND
In May of 1983, Greyhound Lines, Inc. (“Greyhound”) applied to the New York State Department of Transportation (“NY-DOT”) for permission to increase its New York intrastate passenger rates by forty…
2Cases cited3 opinions
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- Federal Communications Commission v. WNCN Listeners GuildSupreme Court of the United States · 1981
- North Carolina v. United StatesSupreme Court of the United States · 1945
3Cited by9 opinions
- Pennsylvania Public Utility Commission v. United States of America and Interstate Commerce Commission, Greyhound Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1984
- Missouri Public Service Commission v. Interstate Commerce Commission, Jefferson Lines, Inc., a Minnesota Corporation, Intervenor ForCourt of Appeals for the Eighth Circuit · 1985
- Funbus Systems, Inc. v. State of California Public Utilities Commission, Airport Service, Inc., Real Party in Interest. Interstate Commerce Commission, Applicant for Intervention-Appellant. Funbus Systems, Inc. v. State of California Public Utilities Commission, Airport Service, Inc., Real Party in Interest. Interstate Commerce Commission, Applicant for Intervention-Appellant. Airport Service, Incorporated, State of California and Public Utilities Commission of the State of California, Intervenors-Petitioners v. Interstate Commerce Commission, Funbus Systems, Inc., Real Party-Intervenor. Airport Service, Incorporated, State of California and Public Utilities Commission of the State of California, Intervenors-Petitioners v. Interstate Commerce Commission, Lounge Car Tours Charter Company, Inc., Real Party-IntervenorCourt of Appeals for the Ninth Circuit · 1986
- American Short Line Railroad v. United StatesCourt of Appeals for the Second Circuit · 1984
- Funbus Systems, Inc. v. State of California Public Utilities CommissionCourt of Appeals for the Ninth Circuit · 1986
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