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I. C. C. v. MAINE CENTRAL RAILROAD COMPANY

No. 355, Docket 74-2062.

505 F.2d 590 (1974)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellee, and Ethan Allen, Inc., et al., Intervenors, v. MAINE CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 22, 1974.

Attorney(s) appearing for the Case

Peter J. Nickles, Washington, D. C. (Eugene D. Gulland, and Covington & Burling, Washington, D. C., on the brief), for defendant-appellant.

John J. Mahoney, Jr., Interstate Commerce Commission, Washington, D. C. (Bernard A. Gould, Interstate Commerce Commission, Washington, D. C., on the brief), for plaintiff-appellee.

G. Clark Cummings, New York City (Kelley, Drye, Warren, Clark Carr & Ellis, New York City, on the brief), for intervenor-appellee Ethan Allen, Inc.

John T. Collins, Sp. Counsel for New Hampshire Public Utilities Commission, Boston, Mass.

Richard H. Saudek, Sp. Counsel for the State of Vermont, Montpelier, Vt.

Before HAYS, ANDERSON and MANSFIELD, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

The Maine Central Railroad Company (Maine Central), the appellant, is a common carrier subject to Part I of the Interstate Commerce Act, 49 U.S.C. § 1, et seq.; and it is operating under franchises granted by several states, including Vermont and New Hampshire. Through a combination of outright ownership and trackage agreements with the Boston and Maine Railroad and the Canadian National Railway, Maine Central operates a 57...

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