Legal Opinion

National Gypsum Co.(Huron Cement Div.) v. United States

District Court, W.D. New York

Decided February 5, 1973No. 71 Civ. 542PublishedCited by 12 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

Plaintiffs have instituted this action pursuant to 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325 to set aside a report and order of the Interstate Commerce Commission (“Commission”) to the effect that proportional rates charged by 39 intervening railroad defendants (“the railroads”) 1 for transportation of coal from points in the Appalachian coal fields to Toledo, Ohio, where the coal is transshipped by lake vessel to plaintiffs’ plants on the upper Great Lakes, are neither discriminatory nor unreasonable and therefore do not violate §§ 1, 2 and 3 of the Interstate…

2Cases cited18 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  3. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  4. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  5. United States v. Missouri Pacific RailroadSupreme Court of the United States · 1929

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3Cited by12 opinions

  1. Associated Gas Distributors v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1987
  2. Iowa Power & Light Co. v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1981
  3. A. Lindberg & Sons, Inc. v. United StatesDistrict Court, W.D. Michigan · 1976
  4. Iowa Power and Light Company, a Corporation v. Burlington Northern, Inc., a Corporation, Iowa Power and Light Company v. Interstate Commerce Commission and United States of America, and Burlington Northern, Inc., Intervenor-Respondent (Two Cases). Iowa Power and Light Company v. Interstate Commerce Commission and United States of America, Burlington Northern, Inc., Intervenor-Respondent. Burlington Northern, Inc. v. United States of America and Interstate Commerce Commission, Iowa Power and Light Company, Intervenor-RespondentCourt of Appeals for the Eighth Circuit · 1981
  5. Providence and Worcester Railroad Company v. United States of America and Interstate Commerce Commission, Penn Central Corporation, IntervenorsCourt of Appeals for the First Circuit · 1982

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