FORD MOTOR COMPANY, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Union Pacific Railroad Company, Intervenor.
DEPARTMENT OF DEFENSE, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents,
Seaboard Coast Line Railroad Company, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 1, 1983.
Decided August 9, 1983.
Attorney(s) appearing for the Case
Robert N. Kharasch, Washington, D.C., for petitioner in 82-1630. David Larrouy, Dearborn, Mich., Olga Boikess and Edward D. Greenberg, Washington, D.C., were on brief for petitioner in 82-1630. Kathleen Mahon, Washington, D.C., also entered an appearance for petitioner in 82-1630. Howard S. Scher, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., and Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C., were on brief for petitioner in 82-1748.
Craig M. Keats, Washington, D.C., Atty., I.C.C., with whom John Broadley, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Washington, D.C., were on brief for respondents in 82-1630 and 82-1748. Henri F. Rush, Atty., I.C.C., John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondents in 82-1630.
R. Eden Martin, with whom Robert B. Batchelder, Omaha, Neb., and Howard J. Trienens, New York City, were on brief for intervenor in 82-1630. Neill W. McArthur, Jr. and Charles M. Rosenberger, Jacksonville, Fla., were on brief for intervenor in 82-1748.
Before MIKVA, GINSBURG and BORK, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge GINSBURG.
GINSBURG, Circuit Judge:
The Interstate Commerce Commission (ICC or Commission), for most of its near-century existence, was heavily involved in regulating railroad rates to secure their reasonableness. Reform Congress ordered now calls for significant deregulation allowing "to the maximum extent possible, competition and the demand for services to establish reasonable rates." Staggers Rail Act of 1980...
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