CONSOLIDATED RAIL CORPORATION et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
BURLINGTON NORTHERN INC. et al., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 26, 1982.
Decided August 13, 1982.
Attorney(s) appearing for the Case
Michael Boudin, Washington, D. C., with whom John J. McKetta, III, Austin, Tex., Harry N. Babcock, Cleveland, Ohio, Richard W. Kienle, Roanoke, Va., W. Donald Boe, Jr., Omaha, Neb., and Christopher A. Mills, Washington, D. C., were on the brief, for petitioners. J. Mark Iwry and Joseph D. Anthofer, Omaha, Neb., entered appearances for petitioners.
Henri F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., and James H. Laskey, Atty., Dept. of Justice, Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, and Ellen K. Schall, Deputy Associate Gen. Counsel, I. C. C., Washington, D. C., and John J. Powers, III, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.
Before WRIGHT and WILKEY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
Concurring opinion filed by Senior Circuit Judge CELEBREZZE.
J. SKELLY WRIGHT, Circuit Judge:
In these consolidated petitions for review eleven of the nation's Eastern and Western railroads1 seek to set aside an order of the Interstate Commerce Commission (ICC or Commission) determining that they are liable to the United States Departments of Energy and Defense...
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