Legal Opinion

Federal Express Corp. v. California Public Utilities Commission

Court of Appeals for the Ninth Circuit

Decided June 27, 1991No. 89-16444PublishedCited by 5 opinions

1Opinion of the Court

NOONAN, Circuit Judge:

Federal Express Corporation (Federal Express) brought suit against the California Public Utilities Commission and individual named defendants (the PUC), seeking a declaration that regulations of the PUC, as applied to Federal Express, impose an unconstitutional burden on interstate commerce and are preempted by the Airline Deregulation Act, 49 U.S.C.App. § 1305, and an injunction against the PUC enforcing them against Federal Express. On cross-motions for summary judgment, the district court found no preemption and no unconstitutional burden and entered judgment for the…

2Cases cited5 opinions

  1. California v. ARC America Corp.Supreme Court of the United States · 1989
  2. Michael Hingson v. Pacific Southwest Airlines, a California CorporationCourt of Appeals for the Ninth Circuit · 1984
  3. Air Transport Association of America v. Public Utilities Commission of the State of California, DefendantsCourt of Appeals for the Ninth Circuit · 1987
  4. William D. West v. Northwest Airlines, Inc.Court of Appeals for the Ninth Circuit · 1991
  5. Federal Express Corp. v. California Public Utilities CommissionDistrict Court, N.D. California · 1989

3Cited by5 opinions

  1. Whitten v. Vehicle Removal Corp., Texas Court of Appeals, 5th District (Dallas)2001
  2. Kemper Insurance Companies v. Federal Express Corp.Court of Appeals for the First Circuit · 2001
  3. Sanchez v. Lasership, Inc.District Court, E.D. Virginia · 2013
  4. Federal Express Corporation v. California Public Utilities CommissionCourt of Appeals for the Ninth Circuit · 1991
  5. Untitled Texas Attorney General Opinion, Texas Attorney General Reports2008

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