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

No. 83-1737.

715 F.2d 581 (1983)

WATER TRANSPORT ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, CSX Corporation and Texas Gas Resources Corporation, Eastern Coal Transportation Conference, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1983.


Attorney(s) appearing for the Case

Richard A. Zeller, Oneida, N.Y., with whom Neil K. Evans, Cleveland, Ohio, Alan M. Wiseman, James R. Fox, and Robert F. Ruyak, Washington, D.C., were on brief, for petitioners.

Ernest Abbott, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Washington, D.C., were on brief, for respondent, I.C.C. Henri F. Rush and Edward J. O'Meara, Attys., I.C.C., Washington, D.C., also entered appearances for respondent, I.C.C.

John J. Powers, III, Atty., Dept. of Justice, Washington, D.C., entered an appearance for respondent, U.S.

Peter J. Nickles, Washington, D.C., with whom Eugene D. Gulland and Ellen Bass, Washington, D.C., were on brief, for intervenors, CSX Corp., et al.

William L. Slover, C. Michael Loftus, and Donald G. Avery, Washington, D.C., were on brief for intervenor, Eastern Coal Transp. Conference.

Before WALD and SCALIA, Circuit Judges, and HAROLD H. GREENE, District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by District Judge HAROLD H. GREENE.

WALD, Circuit Judge:

CSX Corp. (which operates a railroad) agreed to acquire by tender offer Texas Gas Resources Corp. (Texas Gas), which in turn owns American Commercial Barge Lines, Inc. (which operates a barge line). Water Transport Association (WTA), an organization of barge operators, asked the Interstate Commerce Commission (ICC or...

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