NATIONAL ASS'N OF RECYCLING INDUSTRIES v. I.C.C.

Nos. 78-1680, 78-2074.

627 F.2d 1341 (1980)

NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents, Eastern Railroads, Eastern, Southern and Western Railroads, Intervenors. NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Eastern Railroads, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1980.


Attorney(s) appearing for the Case

Edward L. Merrigan, Washington, D. C., for petitioner.

David Popowski, Atty., I. C. C., Washington, D. C., with whom Robert G. Burk, Acting Gen. Counsel, and Frederick W. Read, III, Associate Gen. Counsel, Washington, D. C., were on the brief, for the I. C. C.

Richard J. Flynn, Washington, D. C., with whom Peter J. Vaghi, Washington, D. C., was on the brief, for intervening respondents, Aberdeen and Rockfish R. Co., et al.

Mark L. Evans and Kenneth G. Caplan, Washington, D. C., for I. C. C.

Robert Lewis Thompson, Washington, D. C., for the Dept. of Justice.

John A. Daily, Philadelphia, Pa., and Richard W. Kienle, Roanoke, Va., for intervenor Eastern Railroads.

Lee A. Monroe, Washington, D. C., for intervenor Eastern, Southern and Western Railroads.

Before WILKEY and MIKVA, Circuit Judges, and FLANNERY, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

The two cases consolidated in this appeal involve challenges by the National Association of Recycling Industries, Inc. and others to decisions of the Interstate Commerce Commission made in general revenue proceedings, which considered proposed across-the-board rate increases for substantially all railroads in the nation or in a region. The railroads have intervened to protect their...

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