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CHICAGO & N. W. TR. CO. v. KALO BRICK & TILE CO.

No. 79-1336.

450 U.S. 311 (1981)

CHICAGO & NORTH WESTERN TRANSPORTATION CO. v. KALO BRICK & TILE CO.

Supreme Court of United States.

Decided March 9, 1981.

Attorney(s) appearing for the Case

Bruce E. Johnson argued the cause for petitioner. With him on the briefs were Louis T. Duerinck, James P. Daley, Stuart F. Gassner, and Frank W. Davis, Jr.

M. Gene Blackburn argued the cause for respondent. With him on the brief was Ned Alan Stockdale.

Henri F. Rush argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General McCree, Deputy Solicitor General Geller, Edwin S. Kneedler, Richard A. Allen, and Charles A. Stark.

JUSTICE MARSHALL delivered the opinion of the Court.

Through the Interstate Commerce Act and its amendments, Congress has granted to the Interstate Commerce Commission authority to regulate various activities of interstate rail carriers, including their decisions to cease service on their branch lines. Under Iowa state law, a shipper by rail who is injured as the result of a common carrier's failure to provide adequate rail service has available several causes of...

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