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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)

Citation
Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Parent Document
Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Effective Date
1974-06-18

Other Sections in This Document (71)

Full Text

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case the record in the railroad rate-making proceeding had closed in September 1928. The Great Depression struck before the decision in July 1930, but the ICC denied two petitions for rehearing filed in September 1930 and February 1.931, before the order reducing rates had become effective. The Court held that because of the unique change in economic conditions between September 1928 and February 1931, it was an abuse of discretion for the Commission to refuse to reopen the record. It is not clear, however, that even the Atchison case was decided on constitutional grounds. 7