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SAN ANTONIO, TEXAS, ETC. v. UNITED STATES

Nos. 78-2051, 78-2216, 78-2307.

655 F.2d 1341 (1981)

SAN ANTONIO, TEXAS Acting By and Through Its CITY PUBLIC SERVICE BOARD, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Burlington Northern, Inc., et al., Intervenors. STATE OF TEXAS, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Burlington Northern, Inc., et al., Intervenors. BURLINGTON NORTHERN, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, City of San Antonio, Texas, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

June 30, 1981.

Attorney(s) appearing for the Case

R. Eden Martin, Washington, D. C., with whom Howard J. Trienens, Richard J. Metzger, Thomas W. Merrill, Chicago, Ill., and John Will Ongman, Washington, D. C., for Railroad Petitioners, were on the Petition for Clarification of Mandate.

William L. Slover, C. Michael Loftus and John H. LeSeur, Washington, D. C., were on the response to Petition for Clarification of Mandate for petitioner San Antonio, Texas.

Richard A. Allen, Kathleen M. Dollar, and Evelyn G. Kitay, Interstate Commerce Commission, Washington, D. C., were on the response to Petition for Clarification of Mandate for respondent Interstate Commerce Commission.

Before ROBB, WILKEY and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

On 9 June 1980 this court vacated an order of the Interstate Commerce Commission.1 The railroads party to the case now seek clarification of the legal effect of our ruling in a "petition for clarification of mandate."

Ultimately at issue in this litigation is the rate to be charged for shipment of coal by unit-train from Cordero Junction, Wyoming...

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