Legal Opinion

Aluminum Co. of America v. Utilities Commission

Court of Appeals for the Fourth Circuit

Decided July 28, 1983No. Nos. 82-1733(L), 82-1765PublishedCited by 6 opinions

1Opinion of the Court

ERVIN, Circuit Judge:

The Aluminum Company of America (“Alcoa”) and its wholly owned subsidiary, Tapoco, Inc. (“Tapoco”) appeal from the United States District Court for the Eastern District of North Carolina wherein their action against the Utilities Commission of the State of North Carolina (“NCUC”) was dismissed on abstention grounds. Alcoa and Tapoco brought this action seeking to enjoin the enforcement of an NCUC order which allegedly interferes with the operation of a preemptive federal regulatory scheme and impermissibly burdens interstate commerce. Because we conclude that abstention…

2Cases cited19 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  4. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  5. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908

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3Cited by6 opinions

  1. Aluminum Company of America, a Pennsylvania Corporation, and Tapoco, Inc., a Tennessee Corporation v. Utilities Commission of the State of North Carolina Robert K. Koger, Leigh M. Hammond, Sarah Lindsay Tate, John W. Winter, Edward B. Hipp, A. Hartwell Campbell, and Douglas O. Leary, in Their Respective Official Capacities as Chairman and Commissioners of the North Carolina Utilities Commission, Rufus L. Edmisten, Attorney General of North Carolina, Amicus Curiae, United Steelworkers of America, Afl-Cio, and Local Union 309, Amicus Curiae. State of Tennessee, Tennessee Office of Economic and Community Development, and Aluminum Company of America, a Pennsylvania Corporation, and Tapoco, Inc., a Tennessee Corporation v. Utilities Commission of State of North Carolina, Robert L. Koger, Leigh M. Hammond, Sarah Lindsay Tate, John W. Winter, Edward B. Hipp, A. Hartwell Campbell and Douglas O. Leary, in Their Respective Official Capacities as Chairman and Commissioners of the North Carolina Utilities Commission, Rufus L. Edmisten, Attorney General of North Carolina, Amicus Curiae, United Steelworkers of America, Afl-Cio, and Local Union 309, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1983
  2. Fresh International Corp. v. Agricultural Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1986
  3. Middle South Energy, Inc. v. Arkansas Public Service CommissionCourt of Appeals for the Eighth Circuit · 1985
  4. Middle South Energy, Inc. v. Arkansas Public Service CommissionCourt of Appeals for the Eighth Circuit · 1985
  5. Fresh International Corp. v. Agricultural Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1986

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