Patrick W. SIMMONS, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
State of Michigan, Department of Transportation, State of Wisconsin, Department of Transportation, State of South Dakota, Railway Labor Executives' Association, Iowa Department of Transportation, Commissioner of Transportation of the State of New York, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 14, 1982.
Decided December 14, 1982.
Attorney(s) appearing for the Case
Gordon P. MacDougall, Washington, D.C., for petitioner.
John O'B. Clarke, Jr., Washington, D.C., for intervenor Railway Labor Executives' Ass'n.
Evelyn G. Kitay, Atty., I.C.C., with whom Robert S. Burk, Acting Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, I.C.C., and John J. Powers, III, and Kenneth P. Kolson, Attys., U.S. Dept. of Justice, Washington, D.C., were on brief, for respondents. Daniel B. Harrell, Atty., I.C.C., Washington, D.C., also entered an appearance for respondent ICC.
Anthony J. Ciccone, Jr., Washington, D.C., with whom Jacob P. Billig, Washington, D.C., was on brief, for intervenor State of South Dakota.
Dennis J. Downing, Des Moines, Iowa, was on brief for intervenor Iowa Dept. of Transp.
Fritz R. Kahn and Ellen A. Efros, Washington, D.C., were on brief, for intervenor State of Michigan, Dept. of Transp.
Bronson C. La Follette, Atty. Gen., and Charles D. Hoornstra, Asst. Atty. Gen., Madison, Wis., entered appearances for intervenor State of Wisconsin, Dept. of Transp.
John C. McTiernan, Albany, N.Y., entered an appearance for intervenor Com'r of Transp. of the State of New York.
Before TAMM and MacKINNON, Circuit Judges, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
This case presents the question of the extent of the Interstate Commerce Commission's (Commission) authority to exempt persons from provisions of the Interstate Commerce Act pursuant to its authority under 49 U.S.C. § 10505(a) (Supp. IV 1980). In rulemaking proceedings the Commission created a modified certificate of convenience and necessity...
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