NEW YORK DOCK RAILWAY and Brooklyn Eastern District Terminal, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 19, 1979.
Decided November 7, 1979.
Attorney(s) appearing for the Case
Stuart H. Johnson, Jr., Walter M. King, Jr., Washington, D. C., Christine A. Pasquariello, Brooklyn, N. Y., for petitioners.
Christine N. Kohl, Deputy Assoc. Gen. Counsel, Mark L. Evans, Gen. Counsel, I.C.C.; John E. Shenefield, Asst. Atty. Gen., John J. Powers, III, Robert Lewis Thompson, Attys., Dept. of Justice, Washington, D. C., for respondents.
William G. Mahoney, John O'B.Clarke, Jr., Highsaw, Mahoney & Friedman, P. C., Washington, D. C., for intervenor-respondent Ry. Labor Executives' Ass'n.
Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, for intervenor-respondent Brotherhood of Locomotive Engineers.
Harry J. Breithaupt, Jr., James I. Collier, Jr., Richard T. Conway, Shea & Gardner, Washington, D. C., for amicus curiae, Ass'n of American Railroads.
Before WATERMAN, FEINBERG and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
WATERMAN, Circuit Judge:
Petitioners seek judicial review of an order of the Interstate Commerce Commission1 ("ICC"), establishing as a matter of general transportation importance the labor protective conditions the challenged order imposed under section 5(2)(f) of the Interstate Commerce Act (the "I.C. Act"), as amended by section 402(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (the "4R Act"), recently recodified...
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