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COM. OF PA. v. I. C. C.

No. 77-1147.

590 F.2d 1187 (1978)

COMMONWEALTH OF PENNSYLVANIA and Pennsylvania Public Utility Commission, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Consolidated Rail Corporation, Corning Glass Works & Thatcher Glass Manufacturing Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Gordon P. MacDougall, Washington, D. C., was on the brief, for petitioners.

Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Walter H. Walker, III, Atty., I. C. C., John H. Shenefield, Acting Asst. Atty. Gen., and Peter de la Cruz, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

John R. Bagileo, Washington, D. C., was on the brief, for intervenor Corning Glass Works, et al.

John A. Daily and Richard J. Murphy, Philadelphia, Pa., were on the brief for intervenor, Consolidated Rail Corp.

Before McGOWAN, MacKINNON and WILKEY, Circuit Judge.

Opinion of the Court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

The Interstate Commerce Commission (ICC or the Commission) has issued an order approving a proposed tariff of the Consolidated Rail Corporation (ConRail) which cancels that railroad's Piggy-Back Service (Trailer-On-Flat-Car-Service (TOFC)) to twenty-four previously operating TOFC terminals. The Commission evaluated the proposed tariff under 49 U.S.C. § 1(4), (6)

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