NORFOLK & WESTERN RAILWAY COMPANY, Petitioner,
v.
UNITED STATES and Interstate Commerce Commission, Respondents.
Grand Trunk Western Railroad,/R Intervenor.
Grand Trunk Corporation,/R Intervenor.
Canadian National RR, Intervenor.
Southern Railway Co., Intervenor.
CANADIAN PACIFIC LIMITED, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
Grand Trunk Western Railroad and Grand Trunk Corporation,/R Intervenors.
Canadian National Railway Company,/R Intervenor.
MICHIGAN INTERSTATE RAILWAY COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
Railway Labor Executives' Association,/R Intervenor.
Grand Trunk Western Railroad and Grand Trunk Corporation,/R Intervenors.
STATE OF MICHIGAN, DEPARTMENT OF TRANSPORTATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
Grand Trunk Western Railroad and Grand Trunk Corporation,/R Intervenors.
Railway Labor Executives' Association,/R Intervenor.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 3, 1980.
Decided February 13, 1981.
Attorney(s) appearing for the Case
Charles H. White, Jr., Washington, D. C. (Steven A. Lauer, Washington, D. C., Donald M. Tolmie, Roanoke, Va., Gordon Miller, Q. C. on brief) for petitioners Norfolk and W. Ry. Co. and Canadian Pac. Limited.
Charles W. Chapman, Washington, D. C. (Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Louis J. Caruso, James L. Stropkai, Asst. Attys. Gen., Lansing, Mich., on brief) for petitioners State of Michigan, Dept. of Transp. and Michigan Interstate Ry. Co.
Charles A. Horsky, Washington, D. C. (Donna Kohansky, James L. Tapley, R. Allan Wimbish, Peter S. Craig, Washington, D. C., on brief) for Southern Ry. Co.
Henri F. Rush, Associate Gen. Counsel, Washington, D. C. (Richard A. Allen, Gen. Counsel, David Popowski, Interstate Commerce Commission, Sanford M. Litvack, Asst. Atty. Gen., Barry Grossman, Andrea Limmer, Dept. of Justice, Washington, D. C., on brief) for respondents Interstate Commerce Commission and United States of America.
Basil Cole, Washington, D. C. (Robert P. Vom Eigen, Dechert, Price & Rhoads, Fritz R. Kahn, Lloyd John Osborne, Verner, Liipfert, Bernhard, McPherson & Alexander, William Mahoney, Joseph Guerrieri, Jr., Highsaw, Mahoney & Friedman, Washington, D. C., on brief) for intervenors Grand Trunk Western Ry. Co., Canadian National Ry. Co. and Railway Labor Executives Association.
Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and MURNAGHAN, Circuit Judge.
United States Court of Appeals, Fourth Circuit.
MURNAGHAN, Circuit Judge:
As part of a liquidation of assets associated with the bankruptcy of Penn Central Transportation Company, the Pennsylvania Company ("Pennco") sought to sell the Detroit, Toledo and Ironton Railroad Company ("DT&I"). A contract, which was, of course, subject to the approval and authorization of the Interstate Commerce Commission before it could enter into effect1 was worked out with the Norfolk and Western...
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