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CELANESE CHEMICAL CO., INC. v. UNITED STATES

No. 78-3651.

632 F.2d 568 (1980)

CELANESE CHEMICAL COMPANY, INC., Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied February 13, 1981.

Attorney(s) appearing for the Case

Slover & Loftus, William L. Slover, C. Michael Loftus, Donald G. Avery, Washington, D. C., for intervenor-petitioner.

J. David Hughes, Stuart Fryer, Asst. Attys. Gen., Austin, Tex., for the State of Texas.

Robert Lewis Thompson, Atty., Dept. of Justice, Kathleen M. Dollar, Atty., I.C.C., Washington, D. C., R. Eden Martin, John Will Ongman, Washington, D. C., Richard J. Metzger, Chicago, Ill., for intervenors-respondents.

Paul M. Haygood, New Orleans, La., for The Denver and Rio Grande Western Railway Co., et al.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

AINSWORTH, Circuit Judge:

The Celanese Chemical Company petitions for review under 28 U.S.C. § 2321 of an Interstate Commerce Commission order approving a capital incentive rate for the shipment of coal from Colorado to Texas. The rate was proposed by The Atchison, Topeka and Santa Fe Railway Company (the Santa Fe) and The Denver and Rio Grande Western Railroad Company (the Rio Grande), intervenors-respondents in this action; the State of Texas intervened on...

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