Legal Opinion
Consolidated Rail Corporation v. United States of America and Interstate Commerce Commission, American Paper Institute, Inc., Intervenor
Court of Appeals for the D.C. Circuit
Decided February 16, 1990No. 89-1074PublishedCited by 61 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge D.H. GINSBURG.
D.H. GINSBURG, Circuit Judge:
Various railroads petition for review of a decision in which the Interstate Commerce Commission determined that 49 U.S.C. § 10741(f), which precludes a claim of discrimination involving “rail rates applicable to different routes,” does not apply to recyclable commodities. We now reverse that decision because it is contrary to the plain and unambiguous language of the law.
I. BackgRound
Section 204 of the Railroad Revitalization and Regulatory Reform (“4-R”) Act of 1976, Pub.L. 94-210, 90 Stat. 31, 40,…
2Cases cited16 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Action Alliance of Senior Citizens of Greater Philadelphia v. Margaret HecklerCourt of Appeals for the D.C. Circuit · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997
- City of Houston, Texas v. Department of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1994
- United States Ex Rel. Totten v. Bombardier Corp.Court of Appeals for the D.C. Circuit · 2004
- Harrell v. the Florida BarCourt of Appeals for the Eleventh Circuit · 2010
- National Ass'n of Home Builders v. United States Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 2005
56 more not listed; retrieve them via the Exa API.