CENTRAL POWER AND LIGHT CO. v. UNITED STATES

Nos. 80-1068, 80-1172.

634 F.2d 137 (1980)

CENTRAL POWER AND LIGHT CO., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. STATE OF TEXAS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

December 15, 1980.


Attorney(s) appearing for the Case

William L. Slover, Washington, D.C., Cicero C. Sessions, New Orleans, La., for Central Power and Light Co.

Robert Lewis Thompson, Dept. of Justice, James Laskey, John J. Powers, III, Joseph H. Dettmar, I.C.C., Washington, D.C., for the U.S. and I.C.C.

Paul M. Haygood, New Orleans, La., Howard J. Trienens and Richard J. Metzger, Chicago, Ill., R. Eden Martin and John Will Ongman, Washington, D.C., for Denver and Rio Grande Western R.R. Co., The Atchison, Topeka and Santa Fe R.R. Co. and Southern Pacific Transp. Co.

Robert N. Kharasch, Gallans, Kharasch, Calkins & Short, Olga Boikess, Washington, D.C., for Colowyo Coal Co.

David Hughes, Stuart Fryer, Carl E. Glaze, Asst. Attys. Gen., Austin, Tex., for the State of Tex.

Before HILL, RUBIN and ANDERSON, Circuit Judges.


R. LANIER ANDERSON, III, Circuit Judge:

These two consolidated petitions for review of an order by the Interstate Commerce Commission ("ICC" or "Commission") involve a single set of facts and require that this circuit for the first time address a provision added to the Interstate Commerce Act by the Railroad Revitalization and Regulatory Reform Act of 1976 ("Reform Act"),1 and regulations promulgated by the Commission interpreting a second...

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