Federal Express Corporation v. California Public Utilities Commission

936 F.2d 1075 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. No. 89-16444. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1991. Decided June 25, 1991. Dissenting Opinion June 27, 1991. 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. Appeal from the United States District Court for the Northern District of California. Before BEEZER and NOONAN, Circuit Judges, and SINGLETON * , District Judge. NOONAN, Circuit Judge: 1 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. Sec. 1305, and an injunction against the PUC enforcing them…