POTOMAC ELEC. POWER CO. v. UNITED STATES

No. 77-1494.

584 F.2d 1058 (1978)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Consolidated Rail Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1978.


Attorney(s) appearing for the Case

J. Raymond Clark, Washington, D. C., for petitioner.

Kenneth G. Caplan, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, and Charles H. White, Jr., Associate Gen. Counsel, I. C. C., Barry Grossman, and Edward Lawson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

John A. Daily, Christopher C. DeMuth, and Richard J. Murphy, Philadelphia, Pa., were on the brief, for intervenor.

Before TAMM and ROBB, Circuit Judges, and RONALD N. DAVIES, Senior District Judge for the istrict of North Dakota.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Potomac Electric Power Co. (PEPCO) seeks review of an order1 of the Interstate Commerce Commission (Commission) refusing to hold unreasonable certain rates published by Penn Central Transportation Co. (Penn Central) for unit-train shipments of coal, or the failure and refusal of Penn Central to provide and publish rates for unit-train service in carrier-furnished...

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