CONSOLIDATED RAIL CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Cincinnati, New Orleans & Texas Pacific Railway Co., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 24, 1978.
Decided June 27, 1978.
Attorney(s) appearing for the Case
Richard J. Murphy, Philadelphia, Pa., a member of the bar of the Commonwealth of Pennsylvania, by special leave of this Court, pro hoc vice, with whom John A. Daily, Philadelphia, Pa., was on the brief, for petitioner.
Kenneth G. Caplan, Atty., I.C.C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, I.C.C., Charles H. White, Jr., Associate Gen. Counsel, I.C.C., and Daniel J. Conway, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent. Also Peter A. Fitzpatrick, Atty., I.C.C., Lloyd John Osborn and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., entered appearances, for respondent.
R. Eden Martin, Chicago, Ill., with whom Richard J. Flynn and Lee A. Monroe, Washington, D. C., were on the brief, for intervenor.
Before McGOWAN, TAMM and LEVENTHAL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by McGOWAN, Circuit Judge.
McGOWAN, Circuit Judge:
Petitioner Conrail challenges a ruling by the Interstate Commerce Commission, 353 I.C.C. 165 (1976), that it is bound by a previous order of the Commission1 entered against several bankrupt northeastern railroads prior to Conrail's assumption, on April 1, 1976, of the rail operations and properties of those...
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