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BALTIMORE & ANNAPOLIS R. v. WASH. METRO. AREA TRAN. COMMISSION

No. 78-2222.

642 F.2d 1365 (1980)

The BALTIMORE AND ANNAPOLIS RAILROAD COMPANY, a Maryland Corporation, Petitioner, v. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION (WMATC), Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1980.

Attorney(s) appearing for the Case

Joseph I. Huesman, Baltimore, Md., for petitioner.

Gregory Paul Barth, Washington, D. C., with whom Joel C. Weingarten was on brief, for respondent.

Before TAMM and MacKINNON, Circuit Judges, and LOUIS F. OBERDORFER, United States District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In 1976 the Washington Metropolitan Area Transit Commission (Commission) overruled sub silentio a decision in effect for the previous twelve years by asserting jurisdiction over the Baltimore & Annapolis Railroad's (B & A) special and charter motor carrier operations between points within the Washington Metropolitan Area Transit District, operations that the B & A operated...

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