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NEW YORK DOCK RY. v. UNITED STATES

No. 261, Docket 82-4092.

696 F.2d 32 (1982)

NEW YORK DOCK RAILWAY and Brooklyn Eastern District Terminal, Petitioners, and The City of New York, Petitioner-Intervenor, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, and Consolidated Rail Corporation, Respondent-Intervenor.

United States Court of Appeals, Second Circuit.

Decided December 20, 1982.

Attorney(s) appearing for the Case

Walter M. King, Jr., Washington, D.C. (Malcolm B. Choset, Wrenn & Schmid, Brooklyn, N.Y., Christine A. Pasquariello, Brooklyn, N.Y., of counsel), for petitioners.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, New York City (Stephen J. McGrath, Ellen B. Fishman, New York City, of counsel), filed a brief for petitioner-intervenor.

H. Glenn Scammel, Atty., I.C.C., Washington, D.C. (William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Kenneth P. Kolson, Attys., Dept. of Justice, John Broadley, Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, I.C.C., Washington, D.C., of counsel), for respondents.

John A. Daily, Philadelphia, Pa., for respondent-intervenor.

Before MOORE, CARDAMONE and PRATT, Circuit Judges.

PER CURIAM:

New York Dock Railway (NYD), Brooklyn Eastern District Terminal (BEDT), and the City of New York (The City) petition this Court for review of an order of the Interstate Commerce Commission (ICC) dated April 13, 1982. The petition is denied for the reasons which follow.

In July 1981 Consolidated Rail Corporation (Conrail) filed with the ICC a "tariff" stating that effective August 15, 1981 it was cancelling certain existing joint-line rates

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