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CITY OF MIAMI v. I. C. C.

Nos. 79-2589, 79-3701.

669 F.2d 219 (1982)

CITY OF MIAMI, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit. Unit B

March 1, 1982.

Attorney(s) appearing for the Case

Gordon P. MacDougal, Washington, D. C., Floyd, Pearson, Stewart, Richman, Greer & Weil, Wm. Snow Frates, Stephen N. Zack, Bertha Claire Lee, Miami, Fla., for petitioner.

Sidney L. Strickland, Jr., Atty., John P. Fonte, General Counsel, I.C.C., Barry Grossman, Marion L. Jetton, Dept. of Justice, Washington, D. C., for respondents.

Fritz R. Kahn, Verner, Liipfert, Bernhard & McPherson, Washington, D. C., for Florida East Coast Railway Co., intervenor.

Before JONES, TJOFLAT and ANDERSON, Circuit Judges.

TJOFLAT, Circuit Judge:

The City of Miami (the City) petitions for review of an Interstate Commerce Commission (ICC) order declaring an ocean terminal facility owned by intervenor Florida East Coast Railway (FEC) to be a "line of railroad" within the meaning of former section 1a of the Interstate Commerce Act (the Act) (now codified at 49 U.S.C. § 10903 (Supp.1979)) and thus subject to ICC jurisdiction.1 The City presents three alternative...

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