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CHESAPEAKE & O. RY. CO. v. UNITED STATES

No. 75-2110.

571 F.2d 1190 (1977)

The CHESAPEAKE AND OHIO RAILWAY COMPANY and the Baltimore and Ohio Railroad Co., Petitioners, v. The UNITED STATES of America and The Interstate Commerce Commission, Respondents, Railway Labor Executives' Association and the Brotherhood of Railway and Airlines Clerks, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 19, 1977.

Rehearing Denied November 22, 1977.

Attorney(s) appearing for the Case

Edward K. Wheeler, Washington, D. C., with whom Robert G. Seaks, Washington, D. C., was on the brief, for petitioners.

Raymond Michael Ripple, Atty., I. C. C., Washington, D. C., with whom Arthur J. Cerra, Gen. Counsel, I. C. C. and Barry Grossman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents. John H. D. Wigger and John J. Powers, III, Attys., Dept. of Justice, Washington, D. C., also entered an appearance for respondent United States of America.

William G. Mahoney, Washington, D. C., with whom John O'B. Clarke Jr., Washington, D. C., was on the brief for intervenors.

Before BAZELON, Chief Judge, and LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for Court filed by LEVENTHAL, Circuit Judge.

Dissenting Opinion filed by MacKINNON, Circuit Judge.

LEVENTHAL, Circuit Judge:

In 1974 the United Transportation Union petitioned the Interstate Commerce Commission pursuant to § 5(9) of the Interstate Commerce Act1 to reopen the proceeding which had previously culminated in an order of December 31, 1962, 317 I.C.C. 261, by which the Commission authorized the Chesapeake...

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