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FEDERAL EXP. v. CALIFORNIA PUBLIC UTILITIES COM'N

No. 89-16444.

936 F.2d 1075 (1991)

FEDERAL EXPRESS CORPORATION, Plaintiff-Appellant, v. CALIFORNIA PUBLIC UTILITIES COMMISSION; Stanley W. Hulett; Donald Vial; Frederick R. Duda; John B. Ohanian; G. Michael Wilk; Victor Weiser; Norman Kelley, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1991.

Dissenting Opinion June 27, 1991.

Attorney(s) appearing for the Case

Eliot S. Jubelirer, Morgenstein & Jubelirer, San Francisco, Cal., for plaintiff-appellant.

James T. Quinn, California Public Utilities Com'n, San Francisco, Cal., for defendants-appellees.

Before BEEZER and NOONAN, Circuit Judges, and SINGLETON, District Judge.

NOONAN, Circuit Judge:

Federal Express Corporation (Federal Express) brought suit against the California Public Utilities Commission and individual named defendants (the PUC), seeking a declaration that regulations of the PUC, as applied to Federal Express, impose an unconstitutional burden on interstate commerce and are preempted by the Airline Deregulation Act, 49 U.S.C.App. § 1305, and an injunction against the PUC enforcing them against Federal Express. On...

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