COMMONWEALTH OF PENNSYLVANIA v. I. C. C.

No. 76-1558.

561 F.2d 278 (1977)

COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Federal Maritime Commission, Delaware River Port Authority, IML Freight, Inc., Philadelphia Marine Trade Association et al., Japan/Korea-Atlantic & Gulf, Freight Conference et al., Philadelphia District Council et al., Pacific Westbound Conference, City of Philadelphia, Philadelphia Port Corporation, State of Texas, Sea-Land Service, Inc., and Seatrain International, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1977.

Rehearing Denied August 4, 1977.


Attorney(s) appearing for the Case

Gordon P. MacDougall, Sp. Asst. Atty. Gen., of the Commonwealth of Pennsylvania, Washington, D.C., for petitioner.

Henri F. Rush, Atty., I.C.C., Washington, D.C., with whom Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Associate Gen. Counsel, I.C.C., Barry Grossman and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D.C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D.C., was on the brief, for intervenor, Federal Maritime Commission.

R. Frederic Fisher, San Francisco, Cal., for intervenor, Pacific Westbound Conference. Edward D. Ransom, San Francisco, Cal., also entered an appearance for intervenor, Pacific Westbound Conference.

Charles F. Warren, George A. Quadrino, Washington, D.C., and John E. Ormond, Jr., Washington, D.C., were on the brief for intervenors, Japan/Korea-Atlantic and Gulf Freight Conference, et al.

Edward M. Shea and John A. Douglas, Washington, D.C., were on the brief for intervenor, Sea-Land Service, Inc.

Neal M. Mayer and Paul D. Coleman, Washington, D.C., were on the brief for intervenor, Seatrain International. Charles L. Haslup, III, Washington, D.C., entered an appearance for intervenors, Seatrain International.

Martin A. Heckscher, Philadelphia, Pa., entered an appearance for intervenor Delaware River Port Authority.

Ann M. Pougiales, San Francisco, Cal., entered an appearance for intervenor, IML Freight, Inc.

Gordon P. MacDougall, entered appearances for intervenors, Philadelphia Marine Trade Association, et al. and City of Philadelphia.

Abraham E. Freedman, New York City, entered an appearance for intervenor, Philadelphia District Council, et al.

M. Carton Dittmann, Jr., Philadelphia, Pa., entered an appearance for intervenor, Philadelphia Port Corp.

J. David Hughes, Houston, Tex., entered an appearance for intervenor State of Texas.

Before BAZELON, Chief Judge, WILKEY, Circuit Judge, and GESELL, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

In this petition for review,1 petitioner Commonwealth of Pennsylvania2 requests this Court to set aside the final decision of the Interstate Commerce Commission (hereinafter the ICC or Commission) in Ex Parte No. 261, International Joint Rates and Through Routes.3...

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