Legal Opinion
City of Miami v. Interstate Commerce Commission and United States of America
Court of Appeals for the Fifth Circuit
Decided March 1, 1982No. 79-2589, 79-3701PublishedCited by 7 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
The City of Miami (the City) petitions for review of an Interstate Commerce Commission (ICC) order declaring an ocean terminal facility owned by intervenor Florida East Coast Railway (FEC) to be a “line of railroad” within the meaning of former section la of the Interstate Commerce Act (the Act) (now codified at 49 U.S.C. § 10903 (Supp.1979)) and thus subject to ICC jurisdiction. 1 The City presents three alternative arguments: the ICC had no authority to declare FEC’s ocean terminal a “line of railroad” because a petition for permission to abandon that property had not…
2Cases cited13 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
- Save the Bay, Inc. v. The United States ArmyCourt of Appeals for the Fifth Circuit · 1981
- City of Yonkers v. United StatesSupreme Court of the United States · 1944
- Powell v. United StatesSupreme Court of the United States · 1937
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State of Texas v. United States of America, and Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1989
- Illinois Commerce Commission v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1986
- City of New Orleans by and Through the Public Belt Railroad Commission of the City of New Orleans v. Southern Scrap Material Co., Ltd., Southern Scrap Material Co., Ltd. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
- City of New Orleans ex rel. Public Belt Railroad Commission v. Southern Scrap Material Co.Court of Appeals for the Fifth Circuit · 1983
- City of Miami v. Florida East Coast Railway Co.District Court of Appeal of Florida · 1983
2 more not listed; retrieve them via the Exa API.