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SOUTHEASTERN PA. TRANSP. AUTH. v. I. C. C., RAIL SERV.

Nos. 79-1580, 81-2570.

682 F.2d 91 (1982)

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Petitioner, v. INTERSTATE COMMERCE COMMISSION, RAIL SERVICES PLANNING OFFICE, Respondent, Consolidated Rail Corporation, Intervenor. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Petitioner, v. INTERSTATE COMMERCE COMMISSION, RAIL SERVICES PLANNING OFFICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 28, 1982.

Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr. (argued), Henry S. Hilles, Jr., James C. Ingram, Drinker, Biddle & Reath, Philadelphia, Pa., for Southeastern Pennsylvania Transp. Authority; William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Andrew Limmer, Attys., Dept. of Justice, Washington, D. C., of counsel.

Robert S. Burk, Acting Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, H. Glenn Scammel (argued), Atty., I. C. C., Washington, D. C., for Interstate Commerce Commission and United States of America.

Jerome J. Shestack (argued), Ralph G. Wellington, Pamela A. May, for intervenor, Consolidated Rail Corp., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., John W. Rowe, Patricia A. Godfrey, Philadelphia, Pa., of counsel.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Southeastern Pennsylvania Transportation Authority (SEPTA) petitions pursuant to 28 U.S.C. §§ 2342 and 2321 to set aside an order of the Rail Service Planning Office of the Interstate Commerce Commission (RSPO) promulgating a Standard for Determining Commuter Rail Service Continuation Subsidies which makes SEPTA responsible for costs resulting from commuter rail accidents occurring while such service...

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