Legal Opinion
Transway Corp. v. Hawaiian Express Service, Inc.
Court of Appeals for the Ninth Circuit
Decided June 24, 1982No. Nos. 80-4379, 80-4489 and 80-4492PublishedCited by 4 opinions
1Opinion of the Court
NORRIS, Circuit Judge:
The issue raised by this appeal is whether state regulation of transfer, collection and delivery services provided by a Hawaiian motor carrier to an interstate freight forwarder is preempted by the Interstate Commerce Act. We hold that it is and affirm the judgment of the district court.
I
Plaintiff-appellant Transway Corporation (“Transway”) is a Hawaiian motor carrier that holds a certificate of public convenience and necessity from the Public Utilities Commission, State of Hawaii (“PUC”) and files tariffs with the PUC. Defendantappellee Hawaiian Express Service, Inc.…
2Cases cited7 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
- Freight Forwarders Inst. v. United States, ICCDistrict Court, N.D. Illinois · 1976
- IML Sea Transit, Ltd. v. United StatesDistrict Court, N.D. California · 1972
- Interstate Commerce Commission v. IML SeaTransit, Ltd.Supreme Court of the United States · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Robert Hansen, D/B/A Hansen Trucking v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1982
- Parola v. WeinbergerCourt of Appeals for the Ninth Circuit · 1988
- Gary Parola, an Individual Monterey City Disposal Service, Inc. v. Caspar Weinberger, as Secretary of the Department of Defense John Lehman, as Secretary of the Department of the Army Robert H. Shumaker, Commodore, U.S.N., Commanding Officer of the Naval Postgraduate School, Monterey, California Major General William H. Harrison, Commander, Seventh Infantry, Fort Ord, California United States of America v. City of MontereyCourt of Appeals for the Seventh Circuit · 1988
- Transway Corporation, a Hawaii Corporation, and Public Utilities Commission, State of Hawaii, Intervening-Plaintiff v. Hawaiian Express Service, Inc., a California Corporation, and Mid-Pacific Forwarding Company, Inc., Honolulu Freight Service and Ameri-Con Pacific Freight Systems, Intervening-Defendants. Transway Corporation, Public Utilities Commission, State of Hawaii, Intervenor-Plaintiff v. Hawaiian Express Service, Inc., Mid-Pacific Forwarding Co., Inc., Honolulu Freight Service, Inc., and Ameri-Con Pacific Freight Systems, Intervenor-Defendants, Hawaii Trucking Association, Amicus Curiae. Transway Corporation, a Hawaii Corporation, Public Utilities Commission, State of Hawaii, Intervening v. Hawaiian Express Service, Inc., and Mid-Pacific Forwarding Co., Inc., InterveningCourt of Appeals for the Ninth Circuit · 1982