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- Title
Mind the Gap: Why The Current Case Law on Demurrage Makes Little Sense and Undermines the Federal Statute.
- Authors
Scheib, John M.
- Abstract
The article discusses the demurrage law in the U.S. and its potential to undermine the purpose of Section 10746, Title 49 of the Constitution. It highlights the court cases Norfolk Southern Railway Co. v. Groves and CSX Transportation Inc. v. Novolog Bucks County and how the Surface Transportation Board ignored the two policy goals of the Section 10746 based on court decisions. It notes the significant role of the Board to the management of the demurrage gap in the rail transportation industry.
- Subjects
UNITED States; DEMURRAGE (Car service); UNITED States. Constitution; NORFOLK Southern Railway Co.; CSX Transportation Inc.; UNITED States. Surface Transportation Board; LEGAL judgments; GOVERNMENT ownership of railroads
- Publication
Transportation Law Journal, 2012, Vol 39, Issue 2, p53
- ISSN
0049-450X
- Publication type
Article