CONSOLIDATED RAIL CORPORATION et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Commonwealth Edison Company et al., General Electric Company, GPU Service Corporation et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 4, 1980.
Decided February 26, 1981.
As Amended on Denial of Rehearing April 3, 1981.
Attorney(s) appearing for the Case
Michael Boudin, Washington, D. C., with whom J. Mark Iwry, Washington, D. C., Harry N. Babcock, Cleveland, Ohio, and Richard W. Kienle, Roanoke, Va., were on the brief for petitioners.
Joseph H. Dettmar, Atty., I. C. C., Washington, D. C., with whom Sanford M. Litvack, Asst. Atty. Gen., Dept. of Justice, Richard A. Allen, Gen. Counsel, Henry F. Rush, Associate Gen. Counsel, I. C. C., John J. Powers, III, and James Laskey, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents. Robert S. Burk and H. Glenn Scammel, Attys., I. C. C., Washington, D. C., also entered appearances for respondent, Interstate Commerce Commission.
Harry H. Voigt, Washington, D. C., with whom Leonard M. Trosten and Michael F. McBride, Washington, D. C., were on the brief for intervenor, Commonwealth Edison Co., et al.
Donald Macleay and James F. Bromley, Washington, D. C., were on the brief for intervenor, General Elec. Co.
Charles J. McCarthy, Washington, D. C., was on the brief for intervenor, GPU Service Corp., et al.
Before ROBINSON and WALD, Circuit Judges, and JUNE L. GREEN, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court by Circuit Judge WALD.
WALD, Circuit Judge:
Petitioner railroads1 seek judicial review of certain orders of the Interstate Commerce Commission2 ("ICC" or "Commission") concerning railroad rates for transporting hazardous radioactive materials throughout the eastern United States. The Commission found that petitioners' tariffs were based on a special train service which was unnecessary...
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