CENTRAL VERMONT RY., INC. v. I.C.C.

No. 82-2136.

711 F.2d 331 (1983)

CENTRAL VERMONT RAILWAY, INC., Canadian National Railway Company, and Grand Trunk Western Railroad Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents Delaware and Hudson Railway Company, Guilford Transportation Industries, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1983.


Attorney(s) appearing for the Case

Edward J. O'Meara, Attorney, I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., and John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

James E. Howard, with whom Kathleen D. Hendrickson and Jeffrey M. Goldsmith, Pittsburgh, Pa., were on the brief for intervenor, Guilford Transp. Industries, Inc.

Kinga M. LaChapelle, Albany, N.Y., was on the brief for intervenor, Delaware and Hudson Ry. Co.

Robert P. vom Eigen, Washington, D.C., with whom Charles A. Spitulnik, Washington, D.C., was on the brief, for petitioners.

Before WILKEY and WALD, Circuit Judges, and BONSAL, Senior District Judge for the Southern District of New York.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

We review here a decision of the Interstate Commerce Commission (ICC or Commission) approving unconditionally the merger of the Maine Central/Boston & Maine Railroad with the Delaware & Hudson Railroad. Guilford Transportation Industries — Control — Delaware & Hudson Railway, 366 I.C.C. 396 (1982) [hereinafter cited as Delaware & Hudson Merger

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