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SOUTHEASTERN PENNSYLVANIA TRANSP. AUTH. v. I. C. C.

No. 77-2520.

644 F.2d 253 (1981)

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Rail Services Planning Office, Respondent, Consolidated Rail Corporation, Intervenor.

United States Court of Appeals, Third Circuit.

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, 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., P. Alan Bulliner, Drinker, Biddle & Reath, Philadelphia, Pa., for petitioner, Southeastern Pennsylvania Transportation Authority.

Patricia A. Godfrey, Donald A. Brinkworth (argued), Philadelphia, Pa., for intervenor, Consolidated Rail Corporation.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

SEPTA has filed a petition for review alleging that (1) the RSPO erred in promulgating a Standard requiring a commuter rail subsidizer to pay interest to Conrail on late payments without also promulgating a Standard requested by SEPTA which would mandate payment of penalties by Conrail for substandard service; and (2) the RSPO erred in failing to amend the Standards to provide that the liability...

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