PROVIDENCE AND WORCESTER RAILROAD COMPANY, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
Penn Central Corporation, et al., Intervenors.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued September 10, 1981.
Decided December 24, 1981.
As Modified January 27, 1982.
Attorney(s) appearing for the Case
Thomas E. Acey, Jr., Washington, D.C., with whom John L. Richardson, Lloyd John Osborn, and Verner, Liipfert, Bernhard & McPherson, Washington, D.C., were on brief, for petitioner.
Kathleen V. Gunning, Atty., I.C.C., Washington, D.C., with whom William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Kenneth P. Kolson, Attys., Dept. of Justice, Richard A. Allen, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, Washington, D.C., were on brief, for I.C.C. and the United States.
Sidney Weinberg, Boston, Mass., for Boston and Maine Corp., debtor.
Laurence Z. Shiekman, Philadelphia, Pa., with whom Pamela L. Perry, Joan A. Yue, and Pepper, Hamilton & Scheetz, Philadelphia, Pa., were on brief, for Consolidated Rail Corporation.
James E. Howard, Philadelphia, Pa., for Penn Central Corporation.
Before ALDRICH, CAMPBELL and BOWNES, Circuit Judges.
United States Court of Appeals, First Circuit.
LEVIN H. CAMPBELL, Circuit Judge.
Providence and Worcester Railroad ("P&W") petitions for review of a decision by the Interstate Commerce Commission ("ICC") dismissing its complaint against the Boston and Maine Railroad ("B&M"),1 Consolidated Rail Corporation ("Conrail"), and the Penn Central Corporation.2 P&W alleged that the defendants, individually and in concert, diverted rail traffic away from...
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