United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 16, 1980.
Decided March 12, 1981.
As Amended May 14, 1981.
Attorney(s) appearing for the Case
Sanford M. Litvack, Asst. Atty. Gen., John J. Powers, III, Andrea Limmer, Dept. of Justice, Washington, D. C., Alexander L. Morton, Director, Interstate Commerce Commission, Washington, D. C., Richard A. Allen, Gen. Counsel, Henri F. Rush (argued), Associate Gen. Counsel, Ellen K. Schall, Interstate Commerce Commission, Washington, D. C., for respondent, Interstate Commerce Commission, Rail Services Planning Office.
Lewis H. Van Dusen, Jr. (argued), Henry S. Hilles, Jr., John Chesney, Drinker, Biddle & Reath, Philadelphia, Pa., for petitioner, Southeastern Pennsylvania Transportation Authority.
Donald A. Brinkworth (argued), Patricia A. Godfrey, Philadelphia, Pa., for intervenor, Consolidated Rail Corporation.
Before GIBBONS, WEIS and SLOVITER, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
I.
This petition for review concerns an issue arising under the cost allocation Standards promulgated by the Rail Services Planning Office (RSPO) of the Interstate Commerce Commission (ICC).1 The relevant statutes and regulations are the Regional Rail Reorganization Act of 1973, Pub.L.No.93-236, 87 Stat. 985, (3R Act) as amended by the Railroad Revitalization and...
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