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DEMOCRATIC CENT. COM. OF D.C. v. WASHINGTON M.A.T. COM'N

No. 21865.

485 F.2d 786 (1973)

DEMOCRATIC CENTRAL COMMITTEE OF the DISTRICT OF COLUMBIA et al., Petitioners, v. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent, D. C. Transit System, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1973.

Rehearing Denied September 25, 1973.

Attorney(s) appearing for the Case

Landon G. Dowdey, Washington, D. C., with whom S. David Levy, Neil J. Cohen and William A. Grant, Washington, D. C., were on the brief, for petitioners.

Douglas N. Schneider, Jr., Gen. Counsel, Washington Metropolitan Area Transit Commission, Washington, D. C., for respondent.

Harvey M. Spear, New York City, for intervenor.

Before ROBINSON and MacKINNON, Circuit Judges, and DAVIS, Judge, United States Court of Claims.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This petition subjects to review Order No. 773 of the Washington Metropolitan Area Transit Commission1 in an aspect untouched by today's Powell decision.2 Petitioners assert, as their major contention, that the Commission should have taken into account, in the fare-setting process leading to that order, the amount by which properties which Transit had transferred...

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