BURLINGTON NORTHERN R. CO. v. I. C. C.

No. 81-2290.

679 F.2d 934 (1982)

BURLINGTON NORTHERN RAILROAD COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Iowa Power and Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1982.


Attorney(s) appearing for the Case

Betty Jo Christian, with whom Robert Lewis Thompson, and Curtis H. Berg, Washington, D. C., were on the brief, for petitioner. John L. Sachs, Washington, D. C., entered an appearance for petitioner.

Cecelia E. Higgins, Washington, D. C., with whom Kathleen M. Dollar, and Robert S. Burk, I.C.C., Washington, D. C., were on the brief, for respondents. John J. Powers, III, Dept. of Justice, and John Broadley, I.C.C., Washington, D. C., entered appearances for respondents.

John M. Cleary, Frederic L. Wood, and Nicholas J. DiMichael, Washington, D. C., were on the brief, for intervenor.

Before TAMM and GINSBURG, Circuit Judges, and EDMUND L. PALMIERI, Senior United States District Judge for the Southern District of New York.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Staggers Rail Act of 1980, Pub. L. No. 96-448, 94 Stat. 1895 (Staggers Act or Act) (to be codified in scattered sections of 11, 45 & 49 U.S.C.), effected significant changes in the Interstate Commerce Act in the direction of deregulation. Congress sought to shrink the rate-setting role of the Interstate Commerce Commission (ICC or Commission) and to allow, "to the maximum...

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