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DANA CORP. v. I.C.C.

No. 82-1022.

703 F.2d 1297 (1983)

DANA CORPORATION, Ford Motor Company, General Motors Corporation, Checker Motors Corporation, Budd Company, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Consolidated Rail Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 1983.

Attorney(s) appearing for the Case

Dennis J. Helfman, Detroit, Mich., and Frederic L. Wood, Washington, D.C., with whom John F. Donelan, John K. Maser, III, Washington, D.C., David Larrouy, Dearborn, Mich., and Benson T. Buck, Detroit, Mich., were on the brief, for petitioners.

Sidney L. Strickland, Jr., Attorney, I.C.C., Washington, D.C., with whom John H. Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., John J. Powers, III, and Kenneth P. Kolson, Attorneys, Dept. of Justice, Washington, D.C., were on the brief, for respondents.

John A. Daily, Philadelphia, Pa., for intervenors.

Before WRIGHT, WILKEY and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Petitioners appeal under 28 U.S.C. §§ 2321(a), 2342(5) (1976) the action of the Interstate Commerce Commission in holding that storage rates assessed by several railroads were not unreasonable. Their challenge raises issues regarding the Commission's compliance with its own procedures, the standard of review applicable to the Commission's determinations, and the legal sufficiency...

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