Legal Opinion

Montana Consumer Counsel v. United States

Court of Appeals for the Ninth Circuit

Decided August 17, 1979No. 76-3693PublishedCited by 1 opinion

1Opinion of the Court

KENNEDY, Circuit Judge:

The petitioners in this case challenge an order of the Interstate Commerce Commission (ICC) issued after the Commission determined that intrastate freight rates established pursuant to Montana rate-making procedures were so low as to be an unreasonable burden on interstate commerce. The ICC issued the order pursuant to 49 U.S.C. §§ 13(3) & (4) and we have jurisdiction pursuant to 28 U.S.C. §§ 2321 & 2342(5). The petitioners are Montana Consumer Counsel and Montana Department of Agriculture. The Burlington Northern, Inc., Chicago, Milwaukee, St. Paul & Pacific Railroad…

2Cases cited17 opinions

  1. New England Divisions CaseSupreme Court of the United States · 1923
  2. Bradley v. United StatesSupreme Court of the United States · 1973
  3. Aberdeen & Rockfish R. Co. v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1975
  4. United States v. LouisianaSupreme Court of the United States · 1933
  5. Electronic Industries Ass'n v. United StatesSupreme Court of the United States · 1971

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3Cited by1 opinion

  1. Montana Consumer Counsel v. United StatesCourt of Appeals for the Ninth Circuit · 1979

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