SAN ANTONIO, TEXAS Acting By and Through Its CITY PUBLIC SERVICE BOARD, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Burlington Northern, Inc., et al., Intervenors.
STATE OF TEXAS, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Burlington Northern, Inc., et al., Intervenors.
BURLINGTON NORTHERN, INC., et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
City of San Antonio, Texas, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 22, 1980.
Decided June 9, 1980.
As Amended on Denial of Rehearing July 16, 1980.
Rehearing Denied July 16, 1980.
Attorney(s) appearing for the Case
William L. Slover, Washington, D.C., with whom C. Michael Loftus, Washington, D.C., and Donald G. Avery were on the brief for petitioner San Antonio, Texas in No. 78-2051.
J. David Hughes, Asst. Atty. Gen., Austin, Tex., with whom Stuart Fryer, Asst. Atty. Gen., Austin, Tex., were on the brief for petitioner State of Texas in No. 78-2216.
R. Eden Martin, Chicago, Ill., with whom John Will Ongman and Howard J. Trienens, Chicago, Ill., were on the brief for petitioners Burlington Northern, Inc., et al., in No. 78-2307.
Carl E. Glaze, Dallas, Tex., also entered an appearance for the petitioner State of Texas in No. 78-2216.
Robert Lewis Thompson, Atty., Dept. of Justice, Washington, D.C., with whom John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., were on the brief for respondent United States.
Kathleen M. Dollar, Atty., I. C. C., Washington, D.C., with whom Robert S. Burk, Deputy Gen. Counsel and Henri F. Rush, Associate Gen. Counsel, Washington, D.C., were on the brief for respondent I. C. C.
Mark L. Evans and Kenneth G. Caplan, Washington, D.C., also entered appearances for respondent I. C. C.
Lee A. Monroe, Washington, D.C., and Joseph B. Tompkins, Jr., also entered appearances for intervenor Burlington Northern, Inc.
Before ROBB, WILKEY and WALD, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
This action arises on petitions to review orders of the Interstate Commerce Commission (ICC or Commission) served 25 October 1978 and 1 June 1979, which prescribed maximum reasonable rates for unit-train shipments of coal from Cordero Junction, Wyoming to Elmendorf, Texas, a suburb of San Antonio, Texas.1 This case marks the second time that a court has...
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