NATIONAL RAILROAD PASSENGER CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Missouri Pacfic Railroad Company, Office of Rail Public Counsel, Intervenors.
NATIONAL RAILROAD PASSENGER CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Terminal Railroad Association of St. Louis (TRRA), & Office of Rail Public Counsel, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 4, 1979.
Decided July 16, 1979.
Attorney(s) appearing for the Case
Robert B. Patterson, Washington, D. C., with whom Donald G. Avery, Cincinnati, Ohio, was on the brief, for petitioner.
Robert L. Thompson, Atty., Dept. of Justice, Washington, D. C., with whom Barry Grossman, Chief, Antitrust Division, Dept. of Justice, Washington, D. C., was on the brief, for respondent United States.
Henri F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, and Alan J. Thiemann, Atty., I. C. C., Washington, D. C., were on the brief, for respondent I. C. C.
Patrick C. Mullen, Chicago, Ill., a member of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Robert E. Simpson was on the brief, for intervenor Missouri Pacific Railroad Co.
Barry E. Cohen, Washington, D. C., for intervenor Terminal Railroad Association of St. Louis.
Howard A. Heffron, Washington, D. C., and Ralph S. Spritzer, Philadelphia, Pa., were on the brief for intervenor Office of Rail Public Counsel.
Robert B. Nicholson and Edward E. Lawson, Jr., Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent United States.
Before McGOWAN and TAMM, Circuit Judges, and HOWARD F. CORCORAN, Senior District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
In these consolidated cases, the National Railroad Passenger Corporation (Corporation or Amtrak) petitions for review of two Interstate Commerce Commission (Commission) orders setting "just and reasonable compensation" for Amtrak's use of railroad services, tracks, and facilities. See 45 U.S.C. § 562(a) (1976). In the first case, No. 77-1596, we review the Commission's compensation...
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