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WATER TRANSPORT ASS'N v. I. C. C.

No. 81-1744.

684 F.2d 81 (1982)

WATER TRANSPORT ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, Intervening Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 1982.

Attorney(s) appearing for the Case

Paul M. Donovan, Washington, D. C., with whom Samuel H. Moerman, Gerald L. Richman, and La Roe, Winn & Moerman, Washington, D. C., of counsel, were on the brief, for petitioner.

Edward J. O'Meara, Atty., I. C. C., Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I. C. C.; and William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

R. Eden Martin, Washington, D. C., with whom David M. Levy, Michael G. Lederman of Sidley & Austin; and Thormund A. Miller, James R. Paschall, J. Thomas Tidd, Washington, D. C., of counsel, were on the brief, for intervening respondent.

J. Raymond Clark, Mary Todd Foldes, Washington, D. C., for intervening petitioner Central Illinois Light Company, et al.

Before WALD and MIKVA, Circuit Judges, and BONSAL, Senior District Judge.

Opinion for the Court filed by Senior District Judge BONSAL.

BONSAL, District Judge:

On July 2, 1981, Water Transport Association ("WTA"), a trade association of domestic water carriers, filed this petition to review and set aside a decision of the Interstate Commerce Commission ("Commission") served on May 12, 1981, in Ex Parte No. 355 — Cost Standards for Railroad Rates (364 I.C.C. 898 (1981); JA 46).

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