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COMMONWEALTH OF PENNSYLVANIA v. UNITED STATES

Civ. A. No. 72-63.

361 F.Supp. 208 (1973)

COMMONWEALTH OF PENNSYLVANIA et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, M. D. Pennsylvania.

As Amended on Denial of Rehearing June 25, 1973.

Attorney(s) appearing for the Case

Thomas E. Kauper, Asst. Atty. Gen., S. John Cottone, U. S. Atty., Scranton, Pa., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Fritz R. Kahn, Gen. Counsel, Seymour Glanzer, Atty., Washington, D. C., for the Interstate Commerce Commission.

J. Shane Creamer, Atty. Gen., Harrisburg, Pa., Gordon P. MacDougall, Spec. Asst. Atty. Gen., Washington, D. C., Philip P. Kalodner, Counsel, Edward Munce, Asst. Counsel, Alfred N. Lowenstein, Asst. Counsel, Pennsylvania Public Utility Comm., Harrisburg, Pa., for Commonwealth of Pennsylvania and Pennsylvania Public Utility Comm.

William G. Mahoney, Washington, D. C., for Congress of Railway Unions.

Before ROSENN, Circuit Judge, SHERIDAN, Chief Judge and NEALON, District Judge.

OPINION

ROSENN, Circuit Judge.

This proceeding raises important issues relating to the authority of the Interstate Commerce Commission (I.C.C.) to adopt new procedures to accelerate proceedings and expedite the disposition of rapidly escalating numbers of railroad applications for abandonment of lines. This action by a number of state agencies and labor unions seeks to enjoin, suspend and set aside new rules...

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