ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Commonwealth of Pennsylvania, Alabama Power Co., etc. (the Southern Co.), the National Cotton Council, Commonwealth Edison Co. et al., Consumers Power Co., National Steel Corp., Board of Trade of the City of Chicago et al., National Industrial Traffic League, American Electric Power Service Corp., Copper Development Assn., Inc., Central Louisiana Electric Co. et al., Farm and Industrial Equipment Institute, Aluminum Assn., Inc., Intervenors.
COMMONWEALTH EDISON COMPANY et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents,
Commonwealth of Pennsylvania, National Cotton Council, American Electric Power Service Corp., Railroads, Atchison, Topeka, et al., Farm and Industrial Equipment Institute, the National Industrial Traffic League, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 18, 1978.
Decided May 2, 1978.
Attorney(s) appearing for the Case
Michael Boudin, Washington, D. C., with whom Harry J. Breithaupt, Jr., Washington, D. C., was on the brief, for petitioners in No. 76-2048 and intervenors Railroads, Atchison, Topeka, et al. in No. 76-2070.
Charles J. McCarthy, Washington, D. C., for petitioners in No. 76-2070 and intervenors, National Cotton Council, et al. in Nos. 76-2048 and 76-2070.
David I. Wilson, Washington, D. C., with whom Owen M. Johnson, Jr., Washington, D. C., was on the brief, for amicus curiae, Federal Trade Commission urging reversal of order of Ex Parte No. 320 and remanding record in No. 76-2048.
Robert Thompson, Atty., Dept. of Justice, Washington, D. C., with whom Barry Grossman, Lloyd John Osborn, Joseph J. Saunders and Mark M. Levin, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent United States of America in Nos. 76-2048 and 76-2070.
Henri F. Rush, Atty., I.C.C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel and Charles H. White, Jr., Associate Gen. Counsel, Washington, D. C., were on the brief, for respondent, Interstate Commerce Commission in Nos. 76-2048 and 76-2070.
Gordon P. MacDougall, Washington, D. C., was on the brief for intervenor, Commonwealth of Pennsylvania in Nos. 76-2048 and 76-2070.
John F. Donelan, Frederic L. Wood, John K. Maser, III and Renee D. Rysdahl, Washington, D. C., were on the brief, for intervenor, The National Industrial Traffic League in Nos. 76-2048 and 76-2070.
J. Raymond, Clark, Washington, D. C., with whom W. Randall Tye, Augusta, Ga., John P. Tucker, Jr., Atlanta, Ga., Charles J. McCarthy and John Guandalo, Washington, D. C., were on the brief, for intervenor, Alabama Power Co., et al. in No. 76-2048.
Harold E. Spencer, Chicago, Ill., and John M. Cutler, Jr., Washington, D. C., were on the brief, for intervenors, Board of Trade of the City of Chicago, et al. in No. 76-2048.
Dickson R. Loos and Barry Roberts, Washington, D. C., were on the brief, for intervenors, Aluminum Association, Inc. in No. 76-2048.
Daniel J. Sweeney, Chicago, Ill., entered an appearance for intervenor, Farm and Industrial Equipment Institute in No. 76-2048.
Edmund E. Harvey, Washington, D. C., entered an appearance for intervenor, Copper Development Assn., Inc., in No. 76-2048.
Charles W. Chapman, Washington, D. C., entered an appearance for intervenor, National Steel Corp. in No. 76-2048.
Before LEVENTHAL, MacKINNON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by LEVENTHAL, Circuit Judge.
LEVENTHAL, Circuit Judge:
This case involves the efforts of the Interstate Commerce Commission to implement the Railroad Revitalization and Regulatory Reform Act of 1976, 90 Stat. 31. That statute is hereafter referred to as the Reform Act, or the Act. The provisions critical in this case are in § 202, part of which is set forth in Appendix A. They deprive the ICC of jurisdiction to regulate railroad...
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