RESPONDENT: Kalo Brick & Tile Company
LOCATION: Western District Court of Kentucky
DOCKET NO.: 79-1336
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: State appellate court
CITATION: 450 US 311 (1981)
ARGUED: Dec 09, 1980
DECIDED: Mar 09, 1981
Bruce E. Johnson - on behalf of the Petitioner
Henri F. Rush, Jr. - on behalf of the Petitioner as amicus curiae
M. Gene Blackburn - on behalf of the Respondent
Facts of the case
Media for Chicago & North Western Transportation Company v. Kalo Brick & Tile CompanyAudio Transcription for Oral Argument - December 09, 1980 in Chicago & North Western Transportation Company v. Kalo Brick & Tile Company
Audio Transcription for Opinion Announcement - March 09, 1981 in Chicago & North Western Transportation Company v. Kalo Brick & Tile Company
Warren E. Burger:
The judgment and opinion of the Court in Chicago & North Western Transportation Company against Kalo Brick & Tile, it will be announced by Justice Marshall.
This case is here on writ of certiorari to the Court of Appeals to the State of Iowa.
That Court held that respondent, a shipper, could to pursue a state damage action against petitioner, a regulated rail carrier, for failure to provide adequate service.
The question before us is whether the state damage action is preempted by the provisions of Interstate Commerce Act even the Interstate Commerce Commission jurisdiction or decisions by regulated carriers to suspend service.
For reasons set forth in an opinion filed this morning with the clerk, we hold that when, as here, the Commission has already upheld the carrier decision to abandon the line in question.
No state actions or damages can lie against the carrier.
The judgment of the Court of Appeals is liable as vacated and the case is remanded for further proceedings not inconsistent with this opinion.
Warren E. Burger:
Thank you, Mr. Justice Marshall.