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LONG ISLAND R. R. CO. v. UNITED STATES

No. 192, Docket 77-4118.

568 F.2d 254 (1977)

The LONG ISLAND RAIL ROAD COMPANY, Petitioner, v. The UNITED STATES of America, and the Interstate Commerce Commission, Respondents, S & K Farms, Inc., and Freight Users Association of Long Island, Inc., Intervening Petitioners, Southern Pacific Transportation Company, the Atchison, Topeka and Santa Fe Railway Company, Missouri Pacific Railroad Company, St. Louis Southwestern Railway Company, and Union Pacific Railroad Company, Intervening Respondents.

United States Court of Appeals, Second Circuit.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Walter J. Mykowski, Washington, D.C. (George M. Onken, Richard H. Stokes, Jamaica, N.Y.), for petitioner.

Kenneth G. Caplan, Washington, D.C. (Mark L. Evans, Robert S. Burk, I. C. C., Washington, D.C., Robert L. Thompson, Andrea Limmer, U.S. Dept. of Justice, Washington, D.C.), for respondents.

George Carl Pezold, Huntington, N.Y. (Augello & Pezold, P. C., Huntington, N.Y.), for intervening petitioners.

John MacDonald Smith, San Francisco, Cal., Robert P. Shaughnessy, New York City, for intervening respondents.

Before LUMBARD, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is a petition by the Long Island Rail Road for review of an order of the Interstate Commerce Commission denying cancellation of a rate schedule filed by intervening-respondent railroads. It is the continuation of a running dispute between the LIRR and the intervening railroads, and some familiarity with the background is essential to an understanding of the issues.

When Congress passed the Railroad Retirement Amendments...

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