STATE OF NEW YORK, Petitioner, and
S & E Shipping Corp. and Seafarers International Union of North America, AFL-CIO, Intervenors,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents, and
Pennsylvania Public Utilities Commission, Consolidated Rail Corporation, Soo Line Railroad Company and ConAgra, Incorporated, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 17, 1978.
Decided May 7, 1979.
Attorney(s) appearing for the Case
Patrick McEligot, Washington, D.C. (Bryce Rea, Jr. and Leo C. Franey, Washington, D.C., of counsel), for petitioner.
Robert J. Ables, Washington, D.C. (Walter C. Wallace, Washington, D.C., of counsel), for intervening petitioner, S & E Shipping Corp.
David Jaffe, New York City (Schulman, Abarbanel & Schlesinger, New York City, Howard Schulman, of counsel), for intervening petitioner, Seafarers International Union of North America, AFL-CIO.
L. Marie Guillory, Atty., I.C.C., Washington, D.C. (John H. Shenefield, John J. Powers, III, Robert Wiggers, Mark L. Evans and Henri F. Rush, I.C.C., Washington, D.C., of counsel), for respondents, Interstate Commerce Commission and United States.
C. Harold Peterson, Minneapolis, Minn., for intervening respondent, Soo Line R. Co.
Peter A. Greene, Washington, D.C. (Caldwell & Greene, Washington, D.C., of counsel), for intervening respondent, ConAgra, Inc.
John A. Daily, Philadelphia, Pa. (Robert M. Peet, New York City, of counsel), for intervening respondent, Consolidated Rail Corp.
Kathleen H. Larkin, Chief Counsel, Pennsylvania Public Utility Commission, Harrisburg, Pa. (Alfred N. Lowenstein, Harrisburg, Pa., of counsel), for intervening respondent, Pennsylvania Public Utility Commission.
Before MOORE, TIMBERS and VAN GRAAFEILAND, Circuit Judges.
United States Court of Appeals, Second Circuit.
VAN GRAAFEILAND, Circuit Judge:
The State of New York seeks review of a 1978 order of the Interstate Commerce Commission1 discontinuing its investigation of certain train rates alleged to discriminate against Great Lakes grain carriers in violation of 49 U.S.C. § 3(4).2 In 1977, we reversed a prior Commission order which had held that the allegedly injured lake carriers were not protected by section 3...
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