Legal Opinion

Merchants Fast Motor Lines, Inc. v. Interstate Commerce Commission

Court of Appeals for the Fifth Circuit

Decided November 1, 1993No. 92-4691A, 92-4691B and 92-4691CPublishedCited by 61 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

I

In this consolidated appeal, three sets of petitioners seek review of three separate actions of the Interstate Commerce Commission (ICC). In 92-4691A and 92-4691C, petitioners seek review of a declaratory order 1 and a policy statement. 2 In these two actions, petitioners, including several trucking associations 3 and the Railroad Commission. of Texas, challenge the ICC’s determination that a particular type of transportation is in interstate commerce and therefore subject to ICO, rather than state, regulation. The ICC takes the position in both the declaratory…

2Cases cited21 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
  3. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  4. Toilet Goods Ass'n v. GardnerSupreme Court of the United States · 1967
  5. Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913

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3Cited by61 opinions

  1. Texas v. United StatesCourt of Appeals for the Fifth Circuit · 2007
  2. Texas Office of Public Utility Counsel v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 1999
  3. Collins v. Heritage Wine Cellars, Ltd.Court of Appeals for the Seventh Circuit · 2009
  4. Lawrence v. McCarthyCourt of Appeals for the Fifth Circuit · 2003
  5. Branson v. MGA Ins. Co., Inc.District Court of Appeal of Florida · 1996

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