NATIONAL RAILROAD PASSENGER CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Baltimore and Ohio Railroad Company, et. al., 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
Howard R. Moskof, Washington, D. C., with whom Carol A. Mutter, Washington, D. C., was on the brief, for petitioner.
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 Interstate Commerce Commission.
James H. Pipkin, Jr., Washington, D. C., for intervenors B & O, C & O, and Penn Central.
Urchie B. Ellis, Richmond, Va., was on the brief for intervenor Richmond, Fredericksburg and Potomac Railroad Co.
Robert Lewis Thompson and Edward E. Lawson, Jr., Attys., Dept. of Justice, Washington, D. C., 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 this case, as in National Railroad Passenger Corp. v. ICC, ___ U.S.App.D.C. ___, 610 F.2d 865 (D.C.Cir. 1979), we are called upon to review the Interstate Commerce Commission's (Commission) application of section 402(a) of the Rail Passenger Service Act of 1970 (1970 Act), as amended by the Amtrak Improvement Act of 1973 (1973 Act), 45 U.S.C...
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