NEW ENGLAND POWER CO. v. UNITED STATES

No. 82-1317.

693 F.2d 239 (1982)

NEW ENGLAND POWER COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Baltimore and Ohio Railroad Company, et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided November 24, 1982.


Attorney(s) appearing for the Case

Thomas Robinson, Providence, R.I., with whom Pasco Gasbarro, Jr., Thomas P. Peters, Westborough, Mass., Fritz R. Kahn, Robert R. Brinker, David A.K. Harland, Washington, D.C., were on brief, for petitioner.

John F. Donelan, and Frederic L. Wood, Washington, D.C., on brief, for intervenor Carolina Power & Light Co.

Charles J. McCarthy, and McCarthy, Sweeney & Harkway, Washington, D.C., on brief, for intervenors Commonwealth Edison Co., et al.

Timm L. Abendroth, with whom William F. Baxter, Asst. Atty. Gen., John Broadley, Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, John J. Powers, III and Kenneth Kolson, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

Michael Boudin, with whom Catherine W. Brown, J. Peter Byrne, Robert Batchelder, Washington, D.C., John A. Daily, Philadelphia, Pa., Samuel R. Freeman, Denver, Colo., Stuart F. Gassner, Chicago, Ill., James L. Howe, Richmond, Va., Richard W. Kienle, Roanoke, Va., Howard Koontz, Chicago, Ill., Thormund A. Miller, Carol A. Harris, San Francisco, Cal., Stuart Vaughn, Milton E. Nelson, Jr., Chicago, Ill., Hanford O'Hara, Washington, D.C., C. Harold Peterson, Minneapolis, Minn., Alan R. Post, Cottage Grove, Minn., Charles C. Rettberg, Jr., Cleveland, Ohio, Albert B. Russ, Jr., Jacksonville, Fla., and Michael Thompson, were on brief, for intervenor Railroads.

Before COFFIN, Chief Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.


COFFIN, Chief Judge.

This case involves the implementation by the Interstate Commerce Commission ("the Commission") of § 229 of the Staggers Rail Act of 1980.1 We review the Commission's decision in Ex Parte No. 411, Complaints Filed Under Section 229 of the Staggers Rail Act of 1980, 365 I.C.C. 507 (1982), that its most recently promulgated market dominance standards shall apply to savings clause cases under that section....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases