Legal Opinion
Aberdeen and Rockfish Railroad Company v. The United States of America and the Interstate Commerce Commission
Court of Appeals for the Fifth Circuit
Decided November 30, 1981No. 81-4443PublishedCited by 4 opinions
1Opinion of the Court
BY THE COURT:
The petitioners, various Southern and Western railroads (“Southern and Western Railroads” or “Railroads”), have asked this court to review decisions of the Interstate Commerce Commission (“ICC” or “Commission”) declining to reject or suspend a surcharge tariff filed by the Long Island Rail Road Company (“LIRR” or “Long Island”). We granted an emergency stay in order to study whether we had jurisdiction to review the decisions of the ICC. We now conclude that the ICC’s decisions declining to reject or suspend a surcharge tariff are nonfinal administrative decisions not subject to…
2Cases cited3 opinions
- Southern Railway Co. v. Seaboard Allied Milling Corp.Supreme Court of the United States · 1979
- Papago Tribal Utility Authority v. Federal Energy Regulatory Commission, Arizona Public Service Company and Arizona Power Authority, IntervenorsCourt of Appeals for the D.C. Circuit · 1980
- Aeronautical Radio, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1980
3Cited by4 opinions
- INEOS USA LLC v. FERCCourt of Appeals for the D.C. Circuit · 2019
- Minneapolis, Northfield & Southern Railway, Inc. v. Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1983
- Illinois Commerce Commission v. Interstate Commerce Commission and United States of America, Illinois Central Gulf Railroad Company, IntervenorCourt of Appeals for the D.C. Circuit · 1986
- Minneapolis, Northfield And Southern Railway, Inc. v. Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1983