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CITY OF COLORADO SPRINGS v. UNITED STATES

Nos. 81-1955, 81-2182.

724 F.2d 857 (1983)

The CITY OF COLORADO SPRINGS, Petitioner, v. The UNITED STATES of America and The Interstate Commerce Commission, Respondents. The Denver and Rio Grande Western Railway Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 1, 1983.

Attorney(s) appearing for the Case

Donald G. Avery, Slover & Loftus, Washington, D.C. (William L. Slover, C. Michael Loftus and Kelvin J. Dowd, Washington, D.C. and Gregory L. Johnson, Horn, Anderson & Johnson, Colorado Springs, Colo., with him on the brief), for petitioner.

Lawrence H. Richmond, I.C.C., Washington, D.C. (William F. Baxter, Asst. Atty. Gen., Robert S. Burk, Acting Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, Washington, D.C. and John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., with him on the briefs), for respondents.

John S. Walker, Jr., Denver, Colo., on brief for intervenor.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The City of Colorado Springs seeks review of orders of the Interstate Commerce Commission which have authorized the Denver & Rio Grande Railroad Company to raise its rates based on the filing of tariffs on freight which is wholly intrastate.

The basic conflict results from the attempted exercise of rate making jurisdiction by the Colorado Public Utilities Commission which effort...

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