· 3/9/1981
Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.
Citations
- 450 U.S. 311
- 101 S. Ct. 1124
- 67 L. Ed. 2d 258
- 1981 U.S. LEXIS 48
- 49 U.S.L.W. 4232
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiffs claims under Iowa law against the defendant railroad for abandonment of a rail line were preempted by the Interstate Commerce Act, which authorized the abandonment
- recognizing authority of the ICC “to pass on the reasonableness of a carrier’s temporary suspension of its service and, if necessary, to order it resumed”
- declaring that the authority of the Interstate Commerce Commission (the STB’s predecessor) over railroad abandonments was both “exclusive” and “plenary”
- declaring that the authority of the Interstate Commerce Commission––the Board’s predecessor, see 49 U.S.C. § 1302––over abandonments was both exclusive and plenary
- holding preempted a state common-law claim that would have allowed recovery of damages in tort for abandonment of a rail line when that abandonment had been approved by the Interstate Commerce Commission
- holding preempted a state common-law claim that would have allowed recovery of damages in tort for abandonment of a rail line when that abandonment had been ap proved by the Interstate Commerce Commission
Source: CourtListener parenthetical corpus (CC0).
Judges: Marshall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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