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CONCORD TP., DELAWARE CTY., COM. OF PA. v. U.S.

No. 79-1887.

625 F.2d 1068 (1980)

CONCORD TOWNSHIP, DELAWARE COUNTY, COMMONWEALTH OF PENNSYLVANIA and the Nicholas Newlin Foundation, Richard D. Wood and Margaretta Wood, Richard D. Wood, Jr., and Jeanette Wood, Pierre S. Du Pont, IV and Elise Ravenel Du Pont, William D. Wood and Catherine M. Wood, George Wood and Dorothea Wood and Wawa Dairy Farming Corp., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, The Southeastern Pennsylvania Transportation Authority, Octoraro Railway, Inc., and the Commissioners of Chester County, Intervenors. (ICC Finance Docket No. 28334).

United States Court of Appeals, Third Circuit.

Decided June 23, 1980.

Attorney(s) appearing for the Case

John W. Wellman (argued), Petrikin, Wellman, Damico & Carney, Media, Pa., Michael J. Glasheen, Clark, Ladner, Fortenbaugh & Young, William J. Woodward, Jr. (argued), George J. Miller, Dechert, Price & Rhoads, Philadelphia, Pa., for petitioners.

Evelyn G. Kitay, Atty. (argued), I.C.C., Washington, D.C., John H. Shenefield, Asst. Atty. Gen., Robert Lewis Thompson, Atty., Richard A. Allen, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, U.S. Dept. of Justice, Washington, D.C., for respondents.

Edward F. Mannino (argued), Dilworth, Paxson, Kalish, Levy & Kauffman, Samuel W. Morris, Jr., Marguerite A. Sivak, Philadelphia, Pa., for intervenors.

Before ADAMS, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is a petition pursuant to 28 U.S.C. § 2342(5) (1976) to review an order of the Interstate Commerce Commission (Commission) granting the Octoraro Railway, Inc. (OCTR) a Certificate of Public Convenience and Necessity for a freight rail service over a 41.7 mile line between Colora, Maryland and Wawa, Pennsylvania.1 The petition challenges only the grant of authority to operate...

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