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CROSS-SOUND FERRY SERVICES, INC. v. I.C.C.

No. 83-2155.

738 F.2d 481 (1984)

CROSS-SOUND FERRY SERVICES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Bridgeport & Port Jefferson Steamboat Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 1984.

Attorney(s) appearing for the Case

Eugene D. Gulland, Washington, D.C., with whom Roger S. Greene, Washington, D.C., was on the brief, for petitioner.

John J. McCarthy, Jr., Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., J. Paul McGrath, Asst. Atty. Gen. and Barry Grossman and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

David H. Baker, Washington, D.C., for intervenor.

Before WRIGHT and SCALIA, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Petitioner Cross-Sound Ferry Services challenges a decision of the Interstate Commerce Commission to grant to Bridgeport & Port Jefferson Steamboat Company (B&PJ) water common carrier authority to serve all ports and points in Suffolk County, New York, and all ports and points in Connecticut. In essence Cross-Sound...

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