STATE OF NEW YORK, Petitioner, and
S & E Shipping Corporation, Intervenor,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents, and
Commonwealth of Pennsylvania et al., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 8, 1976.
Decided March 2, 1977.
Rehearing Denied June 6, 1977.
Rehearing Denied June 6, 1977.
Attorney(s) appearing for the Case
Patrick McEligot, Washington, D. C. (Louis A. Lefkowitz, Atty. Gen., Ruth Kessler Toch, Solicitor Gen., State of New York, Albany, N. Y., Bryce Rea, Jr., Leo C. Franey, and Rea, Cross & Knebel, Washington, D. C., on the brief), for petitioner State of New York.
Robert J. Ables, Washington, D. C. (Arthur N. Chagaris, Washington, D. C., on the brief), for intervenor S & E Shipping Corp.
Hanford O'Hara, Assoc. Gen. Counsel, I.C.C., Washington, D. C. (Thomas E. Kauper, Asst. Atty. Gen., Lloyd John Osborn, Atty., Dept. of Justice; Robert S. Burk, Acting Gen. Counsel, I.C.C., Washington, D. C., on the brief), for respondents United States and Interstate Commerce Commission.
C. Harold Peterson, Minneapolis, Minn., and Peter A. Greene, Washington, D. C. (Louis A. H. Pepper, New York City, on the brief), for intervenors Soo Line Railroad Co. and ConAgra, Inc.
Robert P. Kane, Atty. Gen., Commonwealth of Pennsylvania; Edward J. Morris, Counsel, John B. Wilson, Asst. Counsel, Pennsylvania Public Utility Commission, Harrisburg, Pa.; Gordon P. MacDougall, Spec. Asst. Counsel, Washington, D. C., filed a brief for intervenors Commonwealth of Pennsylvania and Pennsylvania Public Utility Commission.
Before HAYS, ANDERSON and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
Rehearing En Banc Denied June 6, 1977.
TIMBERS, Circuit Judge:
On this petition to review, petitioner State of New York (New York) challenges an order of the Interstate Commerce Commission (the Commission), 351 I.C.C. 470 (1976),1 which approved certain "unit train rates" of two railroads for the transportation of wheat from points in the midwest to Martins Creek, Pennsylvania.
The essential questions presented by the petition...
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