Legal Opinion

Gibbons v. United States

Court of Appeals for the Seventh Circuit

Decided October 7, 1981No. Nos. 79-2413, 80-1111, 80-1383, 80-1538PublishedCited by 7 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

The demise of a failing railroad parallels that of a patient with an incurable disease. The one dimension in which this comparison is most inapt, however, is in the measure of value of the respective corpora approaching, at and following death. Human remains— however revered — are of slight economic value. Not so the residual property — real and personal — of a once vital railroad enterprise. In the case of failing railroads, death (and the prospect of liquidation) confers value. The manner in which the corpus of an expiring (or expired) railroad is to be viewed for…

2Cases cited21 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  3. Thompson v. Texas Mexican Railway Co.Supreme Court of the United States · 1946
  4. Brooks-Scanlon Co. v. Railroad Comm'n of La.Supreme Court of the United States · 1920
  5. New Haven Inclusion CasesSupreme Court of the United States · 1970

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3Cited by7 opinions

  1. Gibbons v. United StatesCourt of Appeals for the Seventh Circuit · 1981
  2. Gs Roofing Products Company v. Surface Transportation BoardCourt of Appeals for the Eighth Circuit · 1998
  3. GS Roofing Products Co. v. Surface Transportation BoardCourt of Appeals for the Eighth Circuit · 1998
  4. In Re Chicago, Missouri & Western Railway Co.United States Bankruptcy Court, N.D. Illinois · 1988
  5. National Wildlife Federation v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1988

2 more not listed; retrieve them via the Exa API.

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