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631 F.2d 831·
D.C. Cir.·
1980-06-09
·cited 54×
The court held that the ICC's orders prescribing maximum reasonable rates were arbitrary and unreasonable due to flawed cost calculations and an unjustified additive, requiring remand.
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647 F.2d 796·
8th Cir.·
1981-04-27
·cited 46×
The court held that the Staggers Rail Act of 1980 did not apply to this case due to its timing and the manifest injustice of retroactive application, and that the ICC properly considered the parties' agreed rate as evidence of a reasonable maximum.
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657 F.2d 204·
8th Cir.·
1981-08-20
·cited 42×
The court held that North Dakota's assessment of railroad personal property and trade fixtures was discriminatory and that the proper assessment ratio for railroad real property was 13.24% of true market value.
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725 F.2d 716·
D.C. Cir.·
1984-01-10
·cited 39×
The court affirmed the ICC's decision not to institute rulemaking but declined to review the ICC's policy statement on the Long-Cannon Amendment, finding it not ripe for judicial review.
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845 F.2d 420·
3d Cir.·
1988-04-08
·cited 38×
The court held that the Railway Labor Act's (RLA) status quo bargaining requirement is superseded by the Interstate Commerce Act (ICA) and its amendments, including the Staggers Act, when the Interstate Commerce Commission (ICC) approves the sale of an entire rail system to a new
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606 F.2d 1131·
D.C. Cir.·
1979-06-26
·cited 34×
The court held that the Interstate Commerce Commission (ICC) correctly applied 49 U.S.C. § 10729 to capital incentive rates based on conventional investments like locomotives and roadway improvements, and that judicial review of the ICC's decisions on remand is permissible.
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736 F.2d 708·
D.C. Cir.·
1984-05-22
·cited 32×
The court affirmed the Interstate Commerce Commission's approval of railroad consolidations, finding its decision consistent with the public interest, except for one issue remanded for further proceedings.
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675 F.2d 1248·
D.C. Cir.·
1982-04-09
·cited 32×
The court held that the Interstate Commerce Commission's interpretation of the minimum job protective conditions required by amended section 5(2)(f) of the Interstate Commerce Act, as applied to trackage rights or lease cases, was persuasive and affirmed the Commission's orders.
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702 F.2d 1026·
D.C. Cir.·
1983-03-01
·cited 31×
The court held that it has jurisdiction to review the Interstate Commerce Commission's unreasonable delay in resolving a rate dispute and can order the Commission to proceed expeditiously.
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683 F.2d 533·
D.C. Cir.·
1982-07-20
·cited 29×
The court held that 49 U.S.C. Sec. 10707(d) does not compel the Interstate Commerce Commission to award refunds when it finds a practice to be unreasonable, and that the Commission did not abuse its discretion in declining to award refunds in this case.
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896 F.2d 574·
D.C. Cir.·
1990-02-16
·cited 28×
The court held that the plain language of 49 U.S.C. § 10741(f), which limits discrimination claims to rates applicable to the same route, applies to recyclable commodities, despite the Interstate Commerce Commission's contrary interpretation.
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664 F.2d 568·
6th Cir.·
1981-11-20
·cited 28×
The court held that the Interstate Commerce Commission (ICC) acted within its jurisdiction and authority in determining freight rates, including ordering refunds, and that its 'contract rates policy' was a valid policy statement not requiring formal rulemaking. However, the ICC a
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697 F.2d 860·
9th Cir.·
1983-01-25
·cited 26×
The court held that while the 4-R Act applies and authorizes injunctions, the district court erred in determining the applicable tax rate for commercial and industrial property, requiring a remand.
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625 F.2d 178·
8th Cir.·
1980-03-17
·cited 26×
The court held that the Interstate Commerce Commission erred in refusing to consider opportunity costs and in relying solely on book value to determine profitability when deciding whether to grant a railroad's request to abandon a spur line.
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694 F.2d 378·
5th Cir.·
1982-12-08
·cited 20×
The court held that the Interstate Commerce Commission's rule allowing evidence of product and geographic competition in determining market dominance did not violate statutory limits and was valid.
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548 F.2d 621·
6th Cir.·
1977-01-18
·cited 20×
The court held that the retirees' claims for life insurance premiums do not have priority as an administrative expense under the Rail Act, even though they constitute valid contract rights.
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735 F.2d 691·
2d Cir.·
1984-05-21
·cited 18×
The court held that the Interstate Commerce Commission (ICC) may not adhere to its policy of generally not imposing employee protective conditions on entire line abandonments, despite prior interpretations, due to the plain language of 49 U.S.C. § 10903(b)(2).
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596 F.2d 2·
1st Cir.·
1979-04-05
·cited 18×
The New Hampshire Public Utilities Commission lacked jurisdiction to prevent the railroad trustees from dismantling tracks on abandoned lines, as federal law preempts state authority over such matters. The reorganization court properly adjudicated title to the track materials as
-
817 F.2d 368·
5th Cir.·
1987-05-27
·cited 17×
The court held that the Louisiana Tax on Transportation and Communication Utilities discriminates against railroads in violation of the 4-R Act and that the discriminatory tax cannot be collected in part.
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762 F.2d 375·
4th Cir.·
1985-05-22
·cited 16×
The court held that § 306(l)(d) of the 4-R Act applies to discriminatory state net income taxes, but the Virginia net income tax as applied does not discriminate against railroads.
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663 F.2d 1036·
11th Cir.·
1981-12-14
·cited 16×
The court held that subsection 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 is not limited to property taxes and applies to other discriminatory taxes levied against railroads. The issue of whether the specific Alabama tax was discriminatory was rema
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714 F.2d 1157·
D.C. Cir.·
1983-08-09
·cited 14×
The court held that the ICC's dismissal of complaints for failure to join all participating carriers in joint-rate cases was an abuse of discretion, as the relevant statutes did not mandate such joinder and the complainants lacked fair notice of this requirement.
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924 F.2d 899·
9th Cir.·
1991-01-25
·cited 12×
Tribal officials are not immune from suit for prospective relief challenging the constitutionality of taxes, and the Tribes retain the sovereign power to tax Burlington Northern's on-reservation rights of way as they have a significant interest and receive benefits from the Tribe
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848 F.2d 1246·
D.C. Cir.·
1988-05-24
·cited 12×
The court held that the Interstate Commerce Commission's (ICC) exemption regulation, which significantly reduced the advance notice period for rail abandonments to states, was arbitrary and capricious because it failed to adequately consider Congress's intent to delegate a crucia
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733 F.2d 154·
D.C. Cir.·
1984-05-04
·cited 12×
The Small Business Investment Act's use of the term "private paid-in capital and paid-in surplus" means non-governmental funds, and therefore does not permit the SBA to leverage funds received from other governmental entities.
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732 F.2d 1495·
10th Cir.·
1984-04-27
·cited 12×
The court held that a sales assessment ratio study based solely on real estate is insufficient to prove the assessment ratio for all commercial and industrial property, which includes personal property, under the Railroad Revitalization and Regulatory Reform Act of 1976. The cour
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740 F.2d 780·
10th Cir.·
1984-07-23
·cited 10×
The court held that a contract for coal transportation rates could have been formed between KPL and BN, and that such a contract was not illegal per se under the statutory framework existing in 1972, especially considering the Staggers Rail Act of 1980.
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662 F.2d 853·
D.C. Cir.·
1981-08-17
·cited 10×
The court held that the Interstate Commerce Commission's interpretation that employee protective provisions do not apply to mergers between designated operators is entitled to great weight and is a reasonable interpretation of the statute.
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643 F.2d 542·
8th Cir.·
1981-03-16
·cited 10×
The court affirmed the ICC's market dominance finding but remanded several cost determination issues for reconsideration, while also directing the ICC to consider energy implications and upholding the timeliness of refund awards.
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760 F.2d 126·
7th Cir.·
1985-03-15
·cited 9×
The Interstate Commerce Commission is not authorized or required to impose labor-protective conditions on parties involved in a railroad line sale under 49 U.S.C. § 10905.
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853 F.2d 145·
2d Cir.·
1988-08-04
·cited 8×
The court held that 16 U.S.C. § 1247(d) is a valid exercise of Congress's commerce clause power and does not effect a taking without just compensation under the Fifth Amendment.
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644 F.2d 1217·
7th Cir.·
1981-03-23
·cited 8×
The dissenting judge believes the Commission's decision was warranted and supported by substantial evidence, contrary to the majority's view.
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644 F.2d 253·
3d Cir.·
1981-03-12
·cited 8×
The court affirmed the RSPO's promulgation of a standard requiring interest on late subsidy payments and its refusal to mandate penalties for substandard service, finding these actions were within its statutory authority and not arbitrary or capricious.
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644 F.2d 238·
3d Cir.·
1981-03-12
·cited 8×
The court held that the Rail Services Planning Office (RSPO) reasonably interpreted the Rail Act and its own Standards to require a commuter authority that owns rail property to bear the base costs associated with that property, even if it also operates freight service, as the do
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619 F.2d 988·
3d Cir.·
1980-03-28
·cited 8×
The court held that the Interstate Commerce Commission (ICC) lacked the statutory authority to implement only one factor of a revised car service rate formula while leaving other statutorily mandated factors unaddressed. The court ordered a stay of the effective date of new basic
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585 F.2d 254·
7th Cir.·
1978-10-04
·cited 8×
The court held that the ICC's dismissal of the Milwaukee's inclusion petition and alternative petition for protective conditions was arbitrary and capricious due to a lack of adequate notice and opportunity to be heard on the merits.
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579 F.2d 804·
3d Cir.·
1978-06-22
·cited 8×
The court held that the proposed use of Conrail securities to satisfy certain administration claims was unacceptable under the absolute priority rule, and that the terms of trustee certificates must be respected.
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570 F.2d 1189·
3d Cir.·
1978-02-03
·cited 8×
The court held that it has jurisdiction over the appeals and that reorganization courts must identify escrow accounts on a case-by-case basis to determine if they qualify as 'cash and other current assets' under the Rail Act.
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964 F.2d 548·
6th Cir.·
1992-05-15
·cited 6×
The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to establish reasonable cause to believe a violation of 49 U.S.C. § 11503 had occurred or was likely to occur.
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865 F.2d 33·
2d Cir.·
1989-01-03
·cited 6×
A railroad's exemption from the Interstate Commerce Act (ICA) does not remove it from the scope of the Fair Labor Standards Act (FLSA) if the exemption is revocable or if the exemption was not intended to subject deregulated railroads to other statutory provisions.
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841 F.2d 479·
2d Cir.·
1988-03-09
·cited 6×
The ICC's final decision allowing rail line abandonment, after considering environmental and historical factors, was not arbitrary or capricious, and its interpretation of statutory powers was reasonable.
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754 F.2d 799·
8th Cir.·
1985-02-15
·cited 6×
The court held that the district court's certification of judgment under Rule 54(b) for fewer than all issues was improper, necessitating dismissal of the appeal and cross-appeal.
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961 F.2d 813·
9th Cir.·
1992-04-08
·cited 4×
The court held that Oregon's ad valorem property tax scheme, which exempted a substantial portion of non-railroad commercial and industrial property while taxing railroad property, constituted discriminatory treatment in violation of 49 U.S.C. § 11503(b)(4).
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812 F.2d 231·
5th Cir.·
1987-03-12
·cited 4×
The Staggers Rail Act does not preempt a state utility commission from disclosing rail contracts entered into by utilities it regulates, even if state rail regulators are preempted from doing so.
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795 F.2d 1442·
9th Cir.·
1986-07-31
·cited 4×
The court held that federal courts should not abstain from exercising jurisdiction over claims of discriminatory state taxation of railroad property under federal statute.
-
642 F.2d 112·
5th Cir.·
1981-04-08
·cited 4×
The court held that the Interstate Commerce Commission's automatic allowance of a differential pricing additive to a rail rate, without specific analysis or consideration of public interest factors, was arbitrary and not in accordance with law.
-
606 F.2d 442·
4th Cir.·
1979-10-02
·cited 4×
The dissenting judge would affirm the ICC's determination that proposed transit charges created undue preference and prejudice, finding the Commission's decision rational despite the Railroad Revitalization and Regulatory Reform Act of 1976.
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589 F.2d 1327·
7th Cir.·
1978-12-29
·cited 4×
The court held that ConRail was entitled to use specific notice procedures and may discontinue service due to non-payment of subsidies.
-
565 F.2d 621·
8th Cir.·
1977-09-30
·cited 4×
The court held that the Interstate Commerce Commission erred by approving rail rate increases without adequately considering the carriers' failure to restore services that had been curtailed when seasonal rate differentials were established.
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558 F.2d 339·
6th Cir.·
1977-06-21
·cited 4×
The court held that Conrail is not entitled to compensation for serving as agent for the EL Trustees under the Rail Act, as amended, because Congress did not intend for Conrail to receive compensation for such services.