Legal Opinion
Hughes Air Corp. v. Public Utilities Commission
Court of Appeals for the Ninth Circuit
Decided May 11, 1981No. Nos. 79-4272, 79-4510 and 79-4751PublishedCited by 19 opinions
1Opinion of the Court
SKOPIL, Circuit Judge:
These cases arise under the Airline Deregulation Act of 1978, 49 U.S.C. §§ 1371-76, which preempts states from regulating certain interstate air carriers. The issues on appeal concern the applicability and constitutionality of the preemption provision. We must decide: (1) whether a carrier exempted from certification is within the scope of the preemption clause (Sierra Flite only), and (2) whether such federal preemption of state regulation is within the power of Congress under the commerce clause.
*1336I. THE FEDERAL REGULATORY FRAMEWORK
The Federal Aviation Act of 1958, 49…
2Cases cited22 opinions
- National League of Cities v. UserySupreme Court of the United States · 1976
- Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- Stafford v. WallaceSupreme Court of the United States · 1922
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Donald Joe Moorhead, Dba Don Moorhead Harvesting Company v. United States of America, Clifton Gattis, Dba Packing Company v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- Pacific Mutual Life Insurance Company v. American Guaranty Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1984
- Brooks v. DonovanCourt of Appeals for the Ninth Circuit · 1983
- In Re Co Petro Marketing Group, Inc.Court of Appeals for the Ninth Circuit · 1982
- United States v. Hunter Engineers & Constructors, Inc.Court of Appeals for the Ninth Circuit · 1986
14 more not listed; retrieve them via the Exa API.