CONSOLIDATED RAIL CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Chicago and North Western Transportation Company; William M. Gibbons, Trustee of the Property of the Chicago, Rock Island & Pacific Railroad, as Trustee, and not Individually, the Atchison, Topeka and Santa Fe Railway Company, Burlington Northern Inc., Missouri Pacific Railroad Company, Pittsburgh and Lake Erie Railroad Company, Southern Pacific Transportation Company, Union Pacific Railroad Company, Western Pacific Railroad Company, Soo Line Railroad Company, Intervenors.
The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Burlington Northern Inc., Missouri Pacific Railroad Company, Pittsburgh and Lake Erie Railroad Company, Southern Pacific Transportation Company, Union Pacific Railroad Company, Western Pacific Railroad Company, Petitioners,
v.
The UNITED STATES of America and The Interstate Commerce Commission, Respondents,
Chicago and North Western Transportation Company, Soo Line Railroad Company, Stanley E. G. Hillman, Trustee of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Debtor ("Milwaukee Railroad"), Intervenors.
CONSOLIDATED RAIL CORPORATION, Chicago and Northwestern Transportation Company and Soo Line Railroad Company, Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
The Atchison, Topeka and Santa Fe Railway Company, Burlington Northern Inc., Missouri Pacific Railroad Company, Pittsburgh and Lake Erie Railroad Company, Southern Pacific Transportation Company, Union Pacific Railroad Company, and Western Pacific Railroad Company, Intervenors.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 11, 1979.
Decided March 28, 1980.
Attorney(s) appearing for the Case
John G. Harkins, Jr. (Argued), Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Consolidated Rail Corp., et al., and for Chicago & Northwestern Transp. Co. and Soo Line R. Co.; Christopher A. Mills, Stuart F. Gassner, Chicago and North Western Transp. Co., Chicago, Ill., C. Harold Peterson, Soo Line R. Co., Minneapolis, Minn., of counsel.
Ronald M. Dietrich, Richard M. Rindler, Charles J. Bloom, Paul A. Cunningham, Philadelphia, Pa., for Consolidated Rail Corp., et al.; Charles P. Northrop, Charles N. Marshall, John A. Daily, Consolidated Rail Corp., Philadelphia, Pa., of counsel.
A. Carl Kaseman, III, Michael W. Freeland, Kenneth S. Levinson, Washington, D. C., for Chicago and North Western Transp. Co. and Soo Line Railroad Co.
Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Gerald B. Fleming (Argued), Atty., I. C. C., Washington, D. C., for Interstate Commerce Commission.
Edward C. Toole, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., Howard J. Trienens, R. Eden Martin (Argued), Richard J. Metzger, Sidley & Austin, Chicago, Ill., for the Seven Railroad Group — Atchison, Topeka and Santa Fe R. Co., Burlington Northern Inc., Missouri Pac. R. Co., Pittsburgh and Lake Erie R. Co., Southern Pac. Transp. Co., Union Pac. R. Co., and Western Pac. R. Co.; W. Donald Boe, Jr., Peter M. Lee, St. Paul, Minn., Milton E. Nelson, Jr., Chicago, Ill., Gordon E. Neuenschwander, Pittsburgh, Pa., John MacDonald Smith, R. H. Stahlheber, St. Louis, Mo., Walter G. Treanor, San Francisco, Cal., of counsel.
Before ALDISERT, HUNTER and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ALDISERT, Circuit Judge.
Petitioners in these consolidated cases have asked us to review final orders of the Interstate Commerce Commission that formulate and partially implement new car service rules governing the rates paid by the railroads for the use of each other's freight cars. The ICC formulated the new rules pursuant to a 1976 amendment to the Interstate Commerce Act, but chose to implement the new car service rate formula piecemeal...
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