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D. C. TRANSIT SYS. INC. v. WASHINGTON MET. A. TRANSIT COM'N

No. 72-1555.

466 F.2d 394 (1972)

D. C. TRANSIT SYSTEM, INC., Petitioner, v. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent, and District of Columbia Council et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1972.

Certiorari Denied December 18, 1972.

Attorney(s) appearing for the Case

Mr. Harvey M. Spear, New York City, for petitioner.

Mr. Frank F. Flegal, Sp. Counsel, Washington Metropolitan Area Transit Comm., with whom Messrs. Bernard Dobranski, Gen. Counsel, and Stephen L. Sharfman, Counsel, Washington Metropolitan Area Transit Comm., Washington, D.C., were on the brief, for respondent.

Mr. Edward B. Webb, Jr., Sp. Counsel, District of Columbia Council, Washington, D.C., for intervenor District of Columbia Council.

Mr. Michael J. Valder, Washington, D.C., with whom Mrs. Elizabeth B. Kleeman, Xenia, Ohio, was on the brief, for intervenor Black United Front.

Miss Diana K. Powell, pro se, intervenor.

Before FAHY, Senior Circuit Judge, and ROBINSON and MacKINNON, Circuit Judges.

Certiorari Denied December 18, 1972. See 93 S.Ct. 688.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

The question for decision is whether the Washington Metropolitan Area Transit Commission erred in conditioning further consideration of a fare increase for a financially ailing carrier upon satisfaction of requirements designed to improve its service. We hold that, in the circumstances presented, the Commission's action is legally unobjectionable. We accordingly...

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