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· 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

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.